Allowed

Nafe Singh v. Pankaj Aggarwal and Ors.

Punjab & Haryana HC7 May 2012COCP/2040/2011

Case brief

AI extract

What is this about?

On May 7, 2012, the Punjab and Haryana High Court disposed of a contempt petition alleging violation of an order maintaining status quo. The court allowed the respondents' motion to have reporters reviewed the judgment. Regarding the merit, admitting the violation but noting subsequent remedial steps (cancellation of resolution and gift deeds), the judge discharged the rule and directed parties to

What did the court decide?

Reply on behalf of respondent No.3 recorded; Rule discharged; parties directed to abide by order dated 20.8.2004 until modified; Collector directed to cancel gift deeds and ensure third party rights a

Nafe Singh Vs Pankaj Aggarwal and Ors. — Property and Title | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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COCP No. 2040 of 2011 (O&M)

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DATE OF DECISION : MAY 07, 2012

NAFE SINGH

.......PETITIONER

VERSUS

SHRI PANKAJ AGGARWAL & ORS.

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.... RESPONDENTS

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CORAM : HON'BLE MR. JUSTICE SURYA KANT

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1.Whether reporters of local newspapers may be allowed to see the judgment ?

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2.To be referred to the reporters or not ?

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3.Whether the judgment should be reported in the digest ?

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Present: Ms. Promila Nain, Advocate, for the petitioner. Mr. R.K. Kawatra, Sr. Deputy Advocate General, Haryana.

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Mr. Ajay Kansal, Advocate, for respondent No.2. Mr. Amit Kumar, Advocate, for respondent No.3.

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SURYA KANT, J. (Oral)

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CM 11607-CII of 2012

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The application is allowed.

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Reply on behalf of respondent No.3 is taken on record.

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COCP 2040 of 2011

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The petitioner alleges disobedience of the order dated 20.8.2004 (Annexure P-2) passed by this Court in RSA No. 361 of 2002 whereby status quo regarding possession was required to be maintained.

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Respondent No.2-Sub Divisional Officer (Civil),

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Kharkhoda as well as respondent No.3-Sarpanch, Gram

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COCP No. 2040 of 2011 (O&M)

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Panchayat, Village Farmana have filed their respective affidavits candidly acknowledging the violation of above stated order by passing resolution dated 10.8.2011 whereby the subject land was directed to be allotted to the persons belonging to weaker section of society. The above named respondents have further explained that the inadvertent mistake was committed as the order dated 20.8.2004 passed by this Court was not in their knowledge. It has also been explained that in order to absolve themselves of the contempt, the Gram Panchayat has passed a subsequent resolution dated 20.11.2011 cancelling the earlier resolution dated 10.8.2011. Respondent No.2 in his reply – affidavit has appended recommendations dated 14.12.2011 (Annexure R-1) made to the Collector, Sonepat to cancel the gift deeds.

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In view of the fact that remedial steps have been taken by respondents No.2 and 3 to ensure that the Court order dated 20.8.2004 is not breached/disobeyed, I deem it appropriate to dispose of this petition with a clarification to the effect that the parties shall abide by the order dated 20.8.2004 until modified and the Collector, Sonepat shall take necessary steps for cancellation of the gift deed and/or any other step that may be required to be taken to ensure that third party rights are not created in violation of the above mentioned Court order.

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Rule discharged.

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(SURYA KANT ) JUDGE

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MAY 07, 2012 Kang

Nafe Singh v. Pankaj Aggarwal and Ors.

Case brief

What is this about?

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Nafe Singh v. Pankaj Aggarwal and Ors.

Case brief

What is this about?

What did the court decide?

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