Disposed

Brahm Dutt and Anr. v. State of Haryana & Ors.

Punjab & Haryana HC30 Oct 2015CWP/22646/2015

Case brief

AI extract

What is this about?

This was a writ petition challenging the leasing of village land by the Haryana Wakf Board for alleged encroachment on a cremation ground. The court held that disputed factual questions require demarcation by the Assistant Collector per natural justice principles.

What did the court decide?

Writ petition disposed of with a direction for the Assistant Collector to carry out fresh demarcation of common purpose land and to hear respondent No.5 before taking any prejudicial decision.

Brahm Dutt and Anr. Vs State of Haryana & Ors. — Landlord and Tenant | Punjab & Haryana HC (2015)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.22646 of 2015 Date of Decision: October 30, 2015

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Brahm Dutt and another

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....Petitioners

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versus

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State of Haryana and others .....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.

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Present: Mr.Sunil Kumar Sharma, Advocate, for the petitioners.

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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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Surya Kant, J. (Oral)

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The petitioners are residents of village Kheri Kalan, Nehar Par, Tehsil and District Faridabad. They have taken multiple pleas to ventilate their grievances against the leasing out of land by Haryana Wakf Board in favour of respondent No.5. The land is statedly situated within the revenue estate of the petitioners' village. One of the grievance is that the 5^th respondent has erected a four-wall and has in this process encroached upon the land of 'cremation ground'.

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Since the petitioners have raised disputed question of facts with respect to demarcation of the land leased out to respondent No.5 or of the cremation ground, the appropriate remedy for them would be to approach the Assistant Collector 1^st Grade-cum-Tehsildar, Faridabad to carry out the demarcation in accordance with the principles of natural justice. We thus dispose of this writ petition with a direction that if the petitioners approach the Prescribed Authority in this

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MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

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CWP No.22646 of 2015 [2]

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regard, the said Authority shall, in the interest of justice, carry out a fresh demarcation of 'common purposes' like the cremation ground etc. and while doing so, no decision prejudicial to the interest of respondent No.5 shall be taken without hearing her.

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The writ petition stands disposed of accordingly. Dasti.

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[SURYA KANT] JUDGE October 30, 2015 [P.B.BAJANTHRI] mohinder JUDGE

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MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

Brahm Dutt and Anr. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Brahm Dutt and Anr. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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