The High Court dismissed a writ petition filed to quash a 1956 mutation order recording land under the Gram Panchayat, refusing to entertain the matter after a 50-year delay and directing the petitioner to file a suit for declaration of title.
None; writ petition dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.11569 of 2007 Date of Order: 05.10.2012
Dhan Singh and others
Versus
State of Haryana and another
..Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. Amit Jain, Advocate for the petitioners.
RAJIVE BHALLA, J (Oral)
The petitioners pray for issuance of a writ of certiorari/mandamus for quashing mutation dated 05.06.1956, (Annexure P-1), whereby the land, in dispute, has been recorded as ownership of the Gram Panchayat.
We have heard counsel for the parties and find no reason to entertain the writ petition after a delay of 50 years. The petitioner's remedy, if any, is to file a suit for declaration of title, in accordance with law.
In view of what has been stated hereinabove, the writ
petition is dismissed.
(RAJIVE BHALLA) JUDGE
October 05, 2012 (REKHA MITTAL) nt JUDGE
1 issue framed by the court
Whether the High Court can entertain a writ petition challenging a mutation order after a delay of 50 years when an alternative suit for declaration of title exists.
Dhan Singh and others
State of Haryana
Rajive Bhalla
Rekha Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
