Punjab-Haryana High Court
Buta Singh vs State Of Haryana And Others on 7 November, 2012
Author: Rajive Bhalla
Bench: Rajive Bhalla, Rekha Mittal
L.P.A.No.1761 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
L.P.A.No.1761 of 2012 (O&M)
Date of Order: 07.11.2012
Buta Singh ...Appellant
Versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. R.S.Mamli, Advocate
for the appellant.
RAJIVE BHALLA, J.
C.M.No.4605 of 2012 Allowed as prayed for.
Certified copy of order and copy of writ petition along with annexures are taken on record.
C.M.No.4607 of 2012 Prayer in this application is to condone the delay of 47 days in filing the present appeal.
In view of the averments in the application and the arguments addressed by counsel for the appellant, the application is allowed and delay of 47 days in filing the appeal is condoned. C.M.No.4606 of 2012 and LPA No.1761 of 2012 The appellant prays that order dated 16.08.2012, dismissing the writ petition, may be set aside.
Counsel for the appellant submits that, though, the ejectment order was passed on 02.06.2009 and the appeal was L.P.A.No.1761 of 2012 (O&M) -2- dismissed on 26.08.2009, the appellant is aggrieved by a demarcation report, prepared during proceedings. It is argued that the demarcation report, has been prepared without following the procedure prescribed, without identifying a pucca point and without measuring the land, in dispute.
We have heard counsel for the appellant and find no reason to entertain the appeal. The order of eviction attained finality on 26.08.2009, as the appellant did not file any writ petition. When, execution proceedings were initiated, the appellant suddenly filed the present petition after an unexplained delay of three years, primarily to challenge the demarcation report. The appellant's submission that the demarcation report is incorrect, has been duly considered by the learned Single Judge and rejected, though, liberty has been granted to approach the authorities.
In this view of the matter, we dismiss the appeal with liberty to the appellant to seek demarcation of the land, in dispute, before the authority, which is executing the order of eviction.
(RAJIVE BHALLA)
JUDGE
November 07, 2012 (REKHA MITTAL)
nt JUDGE