The Single Judge dismissed the writ petition under Article 227 challenging the trial Court's order appointing a Local Commissioner to demarcate disputed property between the litigation parties.
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.
106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-570-2021 Date of Decision: 12.01.2022
RAJ KUMAR
...Petitioner
Versus
DAL SINGH
…Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Harish Bhardwaj, Advocate for the petitioner.
(Presence marked through video conference)
ARUN MONGA, J. (ORAL)
Petition herein, under Article 227 of Constitution of India is for setting aside the impugned order dated 23.02.2021 (Annexure P-6), vide which, the application filed by the respondent/defendant for appointment of Local Commissioner has been allowed by the learned trial Court.
“ 6. So, in the written statement, the defendant has taken two defences against the present suit. The question whether the plaintiff has encroached upon the land of the Waqf
GURPREET KAUR 2022.01.13 14:02 I attest to the accuracy of this order Chandigarh
Board or not is not a matter in dispute in the present case. So far as the suit property as shown in the site plan is concerned, the plaintiff alleged that it belongs to him, whereas, thedefendant alleged that the plaintiff has shown part of the land of defendant as his own in order to grab the same.Clearly, the dispute between the plaintiff and defendant is that of demarcation and it is necessary that both the houses of plaintiff and defendant be demarcated.
7. In view of above discussion, the present application is hereby allowed. HalqaKanungo is appointed as local commissioner to demarcate the house of the plaintiff and defendant by taking into consideration the site plan of plaintiff. He is further directed to verify whether the suit property is within the Abadi-Deh or is part of any Khasra number. His fee is assessed as Rs.2,000/- to be paid by the defendant.”
January 12, 2022 (ARUN MONGA) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
GURPREET KAUR 2022.01.13 14:02 I attest to the accuracy of this order Chandigarh
1 issue framed by the court
Whether the High Court can exercise revisional jurisdiction under Article 227 of the Constitution of India to set aside an order allowing the appointment of a Local Commissioner for demarcation in a p
RAJ KUMAR
DAL SINGH
ARUN MONGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
