Disposed

Ram Swrup v. State of Haryana & Ors.

Punjab & Haryana HC8 Sept 2015CWP/14064/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding an inter-se exchange of land between the petitioner and a Gram Panchayat. The petitioner was directed to consent to the exchange of 2 kanal 5 marla upon which his house is situated, and the State Government was directed to seek necessary permission, with status quo maintained pending such decision.

What did the court decide?

Petitioner directed to consent to exchange of 2 kanal 5 marla; State to seekCompetent Authority permission; status quo maintained.

Ram Swrup Vs State of Haryana & Ors. — Landlord and Tenant | Punjab & Haryana HC (2015)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Sr. No.: 221

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Civil Writ Petition No.14064 of 2015 Date of Decision: September 08, 2015

Ram Swrup

..... PETITIONER(S)

VERSUS

State of Haryana & others

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..... RESPONDENT(S)

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. . .

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CORAM: HON'BLE MR. JUSTICE SURYA KANT HON’BLE MR. JUSTICE JASPAL SINGH

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. . .

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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. . .

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PRESENT : - Mr. J.P. Sharma, Advocate, for the petitioner.

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Ms. Kirti Singh, Deputy Advocate General, Haryana.

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Mr. Sudhir Kumar, Advocate, for respondent No.4.

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. . .

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Surya Kant, J (Oral)

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The short question raised in this petition pertains to

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the exchange of land between the petitioner and Gram Panchayat to the extent measuring 2 kanal 5 marla where the petitioner has constructed his house.

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In the earlier round of litigation between the parties,

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this Court in CWP No.18465 of 2013, decided on October 8, 2013,

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AVIN KUMAR 2015.09.15 11:07 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

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CWP No.14064 of 2015

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[2]

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relegated the parties before the Secretary, Department of Rural Development & Panchayats, Haryana to work out the modalities of the exchange of land measuring 7 kanal 11 marla but the Deputy Commissioner, Mahendergarh, recommended the exchange only for the land measuring 2 kanal 5 marla, due to which no final decision could be taken.

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Learned counsel for the petitioner contended on 16.7.2015 that the petitioner is now ready to give up the claim for the land other than the land which forms part of his house i.e. 2 kanal 5 marla.

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For the reasons assigned by this Court vide order dated 8.10.2013 passed inter-se parties, we dispose of this writ petition with a direction that let petitioner give his consent for the exchange of land measuring 2 kanal 5 marla for which Deputy Commissioner has already made his recommendations on the basis of resolution passed by the Gram Panchayat. On giving such consent by the petitioner, the State Government is directed to place the matter before the Competent Authority for necessary permission in terms of order dated 24.1.2014 (P-2). Till such decision is taken status-quo re: land measuring 2 kanal 5 marla be maintained.

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(Surya Kant)

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(Jaspal Singh) September 08, 2015 Judge avin

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AVIN KUMAR 2015.09.15 11:07 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

Ram Swrup v. State of Haryana & Ors.

Case brief

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Ram Swrup v. State of Haryana & Ors.

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