Petition sought directions to approve a mutation of land in favour of a Gram Panchayat based on a Collector's order. State counsel stated title proceedings under the Village Common Land Act were pending before the Financial Commissioner. Court declined to issue directions, directing expeditious decision there, and disposed of the petition.
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CWP-4492-2024(O&M)
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Neutral Citation No. 2024:PHHC:045234
119
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-4492-2024(O&M) Date of Decision: April 04, 2024
Deepak
......Petitioner
Versus State of Haryana and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present: Mr.Amit Arora, Advocate for the petitioner.
RAJESH BHARDWAJ, J.(ORAL)
Prayer in the present petition is for issuance of directions to the respondents to decide the application dated 30.11.2023, Annexure P-2, in a time bound manner and to approve mutation No.4596, dated 22.02.2020 or registered a new mutation of the above said land in the name of Gram Panchayat on the basis of order dated 14.03.2019 passed by learned District Collector, Bhiwani, in favour of Gram Panchayat.
It has been contended by counsel for the petitioner that petitioner has filed representation before the concerned authority for sanctioning mutation of the land in favour of the Gram Panchayat. He submits that petitioner is the resident of the village and as Sarpanch is not pursuing the matter hence he has filed the present petition for redressal of his grievances. He submits that he has also filed representation before respondent No.2, i.e. Deputy Commissioner, Bhiwani, on 30.11.2023, Annexure P-4, but no action has been taken on the same till date.
Notice of motion.
MEENU 2024.04.05 12:47 I attest to the accuracy and integrity of this document
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CWP-4492-2024(O&M)
Neutral Citation No. 2024:PHHC:045234
On asking of the Court, Mr.Rajneesh Chadwal, AAG, Haryana, who is present in Court, accepts notice on behalf of respondents/State and submits, on instructions, that the Panchayat had initiated the proceedings under the Village Common Land Act for settlement of the title of the property in dispute and presently the case is pending before learned Financial Commissioner and the same is fixed for tomorrow. He submits that after decision of the same, further necessary action would be taken.
In view of the statement made by learned State counsel, it is apparent that the dispute involving the litigation pertaining to the title is already pending before learned Financial Commissioner, which is fixed for tomorrow and thus, necessary relief, as prayed in the present petition, would be dealt with only after the decision of the matter by learned Financial Commissioner. Hence, no direction at this stage is required to be given in the present case today. However, learned Financial Commissioner, before whom the petition is pending for adjudication tomorrow, is directed to decide the same expeditiously.
Petition stands disposed of.
April 04, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE
1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No
MEENU 2024.04.05 12:47 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the court should direct the authorities to decide a representation dated 30.11.2023 seeking sanction of mutation of land in favour of the Gram Panchayat while title proceedings are pending bef
1 provisions across 1 enactments
Deepak
State of Haryana and others
Rajesh Bhardwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
