Punjab-Haryana High Court
Bohar Nath vs State Of Haryana And Others on 20 December, 2013
Bench: Jasbir Singh, G.S.Sandhawalia
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 28243 of 2013
Date of Decision: 20.12.2013
Bohar Nath
... Petitioner
Versus
State of Haryana and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh.
Hon'ble Mr. Justice G.S.Sandhawalia.
Present: Mr. Jagdeep S. Virk, Advocate for the petitioner.
Jasbir Singh, Judge (Oral) By filing this writ petition, petitioner has laid challenge to an order dated 9.10.2012 (Annexure P3) ordering execution of order dated 9.4.1997, vide which possession of land in dispute measuring 6 kanals 16 marlas was ordered to be given to the Gram Panchayat of village Phaphgrana, Tehsil Assandh, District Karnal. Petitioner went in appeal, which was dismissed. Further challenge has been laid to an order dated 29.3.2013 dismissing appeal filed by the petitioner.
It is not in dispute that against the petitioner, order dated 9.4.1997 has become final. Vide that order, Gram Panchayat was held to be owner of the land measuring 6 kanals 16 marlas. Petitioner's ejectment was ordered. May be due to connivance of members of the Gram Panchayat, that order was not executed. A resident of the village came up and filed an application for execution of that order. An attempt Bhardwaj Deepak Kumar 2014.01.15 17:46 I attest to the accuracy and integrity of this document Civil Writ Petition No. 28243 of 2013 2 has been made to save rights of the Gram Panchayat, which is a legal body. Application for delivery of possession of the land in dispute, to the Gram Panchayat, was allowed on 9.10.2012. Petitioner's objection that execution was time barred, was rejected by the officer concerned by making reference to a judgment reported as LJR 2003(2) 727 stating that the provisions of Limitation Act, 1963 are not applicable to the special statutes. Otherwise also, where the property of Gram Panchayat is under unauthorized occupation of some person, such like pleas cannot be entertained.
Dismissed.
(Jasbir Singh) Judge (G.S.Sandhawalia) Judge December 20, 2013 "DK"
Bhardwaj Deepak Kumar 2014.01.15 17:46 I attest to the accuracy and integrity of this document