Disposed

Gram Panchayat Badshahpur v. State of Haryana & Ors.

Punjab & Haryana HC25 Apr 2011CWP/2210/2010

Case brief

AI extract

What is this about?

The High Court disposed of four connected writ petitions. The court deemed the ex-parte exchange order dated 29.7.2009 set aside qua the petitioner, allowing parties to agitate their rights before the Director Consolidation.

What did the court decide?

Order dated 29.7.2009 deemed set aside qua petitioner; parties directed to appear before Director Consolidation on 24.5.2011.

Gram Panchayat Badshahpur Vs State of Haryana… — Property and Title | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.2210 of 2010(O&M) Date of decision: 25.04.2011

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Gram Panchayat, Badshahpur

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…..Petitioner

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versus

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State of Haryana and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg

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Present: Mr.N.D.Achint Advocate for the petitioner Mr.S.S.Patter, Sr.DAG Haryana Mr.Chetan Mittal, Senior Advocate with Mr.Vishal Garg and Mr.Naveen S. Bhardwaj, Advocates for the petitioner in CWP No.3562 of 2010 and for respondent No.4 in CWP No.2210 of 2010 and CWP No.2096 of 2010 Mr.Sumeet Mahajan, Senior Advocate with Mr.Sham Lal Bhalla, Advocate for respondent No.5 in CWP No.2210 of 2010

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Jasbir Singh, J. (Oral)

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This order will dispose of CWP Nos.2096, 2210, 3562 and 3576 all of 2010, involving similar question of law and facts. For facility of reference, facts are being taken from CWP No.2210 of 2010.

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By filing this writ petition, the Gram Panchayat Badshahpur, now represented through Municipal Corporation, Gurgaon, has laid challenge to an order passed on 29.7.2009 (P6) by respondent No.2 i.e. Director Consolidation, Haryana.

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Civil Writ Petition No.2210 of 2010(O&M)

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Vide that order, exchange of land owned by respondent No.4 with the land owned by the Gram Panchayat was ordered. That was an exparte order against the Gram Panchayat. Thereafter, the added respondents, who alleged themselves as Dholidars sitting on the land, previously owned by the Gram Panchayat, filed an application to recall order dated 29.7.2009. Those proceedings were challenged by respondent No.4 Pawan Kumar in CWP No.3562 of 2010, by alleging that the Director Consolidation of Holdings, State of Haryana has no power to recall order dated 29.7.2009. Interim stay was not granted in that case. In view of that, the Director Consolidation proceeded further with the pending application filed by the added respondents to recall order dated 29.7.2009 and vide order dated 8.4.2010, order mentioned above, was recalled being an ex-parte order qua the added respondents/ Dholidars only.

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Counsel, representing all the parties in these cases, are in agreement that in view of subsequent development, these writ petitions can be disposed of and the order dated 29.7.2009 shall be deemed to have been recalled qua the Gram Panchayat/ Municipal Corporation also and let the parties agitate their rights before respondent No.2, where the matter is pending and in view of an order passed by this Court, is adjourned sine die.

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In view of agreed stand taken by all the parties, these writ petitions are disposed of, order dated 29.7.2009 shall be deemed to have been set aside qua the Gram Panchayat and Municipal Corporation also. It has already been set aside by the Director Consolidation qua the added respondents/ dholidars.

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The parties are directed to appear before the Director Consolidation/ Divisional Commissioner, Gurgaon, exercising the powers of Director Consolidation under the East Punjab Holdings (Consolidation

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Civil Writ Petition No.2210 of 2010(O&M)

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and Prevention of Fragmentation) Act, 1948, on 24.5.2011. Liberty is granted to all the contesting parties to represent their case. The officer concerned shall thereafter decide the matter by passing a speaking order, as

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per law.

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(Jasbir Singh) Judge

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25.04.2011 (Rakesh Kumar Garg) gk Judge

Gram Panchayat Badshahpur v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Gram Panchayat Badshahpur v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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