Punjab-Haryana High Court
Surat Singh vs State Of Haryana And Others on 6 February, 2012
Bench: Rajive Bhalla, Jora Singh
CWP No.11386 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.11386 of 2011 (O&M)
Date of decision:06.02.2012
Surat Singh ..... Petitioner
Versus
State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MR. JUSTICE JORA SINGH
Present: Mr.Y.P.Singh, Advocate for the petitioner.
Ms.Shruti Jain, AAG, Haryana for respondents No.1 & 2.
Mr.R.A.Sheoran, Advocate for respondent No.3.
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RAJIVE BHALLA, J (Oral)
The petitioner prays for issuance of a direction to the Deputy Commissioner, Bhiwani, to consider and decide the petitioner's application filed under the Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Property Rights) Act, 2010 (for short as the 'Act'). The petitioner also prays for quashing of proceedings initiated under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short as the '1961 Act'), for his eviction from land measuring 33 kanal, 5 marla bearing Khewat No.581/513, Khatoni No.692, as per jamabandi for the year 1997-98, situated in Jhojhu Kalan, Tehsil Charkhi Dadri, District Bhiwani.
Counsel for the petitioner submits that as the petitioner is in possession of land as a Dholidar and before him, it was in possession of CWP No.11386 of 2011 (O&M) -2- his forefathers as such, the petitioner filed an application under the Act, for adjudication of his rights as a Dholidar. The Deputy Commissioner, Bhiwani, has not decided the application but in the meanwhile, the Gram Panchayat has filed a petition under Section 7 of the 1961 Act to evict the petitioner. It is prayed that the Deputy Commissioner, may be directed to decide the petitioner's application and during pendency of the application, the petitioner's dispossession may be stayed.
Counsel for the Gram Panchayat and counsel for the State of Haryana, submit that the petitioner is an unauthorised occupant, who is not connected with the original Dholidar, who has since expired. It is further submitted that the application filed under the Act is a malafide attempt to avoid eviction orders.
We have heard counsel for the parties and are satisfied that as the petitioner has filed an application under the Act, for adjudication of his rights as a Dholidar, the Deputy Commissioner/the authority appointed under the Act, for deciding such a dispute, is statutorily bound in the exercise of jurisdiction conferred by the Act, to decide the application. The fact that the petitioner may or may not be a Dholidar, does not entitle the authority concerned to keep the application pending.
In this view of the matter, we allow the writ petition and direct the Deputy Commissioner, Bhiwani, to decide the petitioner's application for adjudication of his rights as a Dholidar, within three CWP No.11386 of 2011 (O&M) -3- months from the receipt of a certified copy of this order.
With respect to the prayer for setting aside proceedings under Section 7 of the 1961 Act, suffice it to say that as the application for eviction is pending adjudication and no order for eviction has been passed, the prayer is not only pre-mature but is misconceived also.
[ RAJIVE BHALLA ]
JUDGE
06.02.2012 [ JORA SINGH ]
shamsher JUDGE