This petition revived a land claim regarding a drain allegedly carved out in 168. The High Court dismissed the claim as stale, noting no prior agitation and no grounds to entertain the petition.
The Writ Petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.9827 of 2013 (O & M) Date of Decision: May 08, 2013
Rajender Kumar
....Petitioner
Versus
State of Haryana and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present: Mr.Aman Pal, Advocate, for the petitioner.
********
AJAY KUMAR MITTAL, J.
A stale claim of more than four decades old is sought to be revived by way of present petition as according to the petitioner Sarswati drain was carved out in their land somewhere in 1968. There is nothing on record to show that the petitioner had ever agitated or raised any claim on an earlier occasion as is sought to be raised in this petition.
(AJAY KUMAR MITTAL) JUDGE
(G.S. SANDHAWALIA) JUDGE
May 08, 2013 sukhpreet
2 issues framed by the court
Whether a stale claim of more than four decades old, without prior agitation, should be revived by way of a public interest litigation.
Whether the present petition presents any ground to be entertained.
Rajender Kumar
State of Haryana
AJAY KUMAR MITTAL
G.S. SANDHAWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
