Jagat Ram @ Jagtu and Another Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Jagat Ram @ Jagtu and Another Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to respondent No.5-Collector-cum-Deputy Commissioner, Kaithal to decide the representation dated 28.03.2025 (Annexure P-15) by a speaking order after hearing all concerned, preferably within one month; decision to be communicated to petitioners with liberty to challenge it; interim status quo on the construction made by petitioners to be maintained till the final decision; all pending miscellaneous applications disposed of.

Issue for consideration

Whether the writ petition may be disposed of with a direction to respondent No.5-Collector-cum-Deputy Commissioner, Kaithal to take a decision on the petitioners' representation dated 28.03.2025 (Annexure P-15). +1 more

Court's answer

Without commenting on the merits, the writ petition is disposed of with a direction to respondent No.5-Collector-cum-Deputy Commissioner, Kaithal to take a decision on the representation dated 28.03.2025 (Annexure P-15) by passing a speaking order after affording opportunity of hearing to all concerned, preferably within one month from receipt of a copy of the order.

Ratio / Principle

The decision so taken by respondent No.5 is to be communicated to the petitioners, who, if dissatisfied, are at liberty to challenge it in accordance with law.

Key takeaways

As an interim measure, till respondent No.5-Collector-cum-Deputy Commissioner, Kaithal takes a final decision on the representation (Annexure P-15), status quo with regard to the construction made by the petitioners is to be maintained.ratio¶20
The status quo order is clarified to be purely on equitable grounds; it is not an expression of opinion on the merits of the petitioners' representation and the Collector-cum-Deputy Commissioner, Kaithal shall not in any way be influenced by it.obiter¶21

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh, CWP-4830-2025 (O&M), decided 08.07.2025 (Deepak Sibal and Lapita Banerji, JJ.; judgment by Deepak Sibal, J., oral). Counsel for the petitioners (Jagat Ram @ Jagtu and another) sought disposal of the writ petition with a direction to respondent No.5-Collector-cum-Deputy Commissioner, Kaithal to decide the petitioners' representation dated 28.03.2025 (Annexure P-15); State counsel (Saurabh Mago, DAG, Haryana), appearing on advance notice, raised no objection. The Court, without commenting on the merits, disposed of the petition, directing respondent No.5 to pass a speaking order after affording opportunity of hearing to all concerned, preferably within one month from receipt of a copy of the order, to communicate the decision to the petitioners, and granting them liberty to challenge any unsatisfactory decision in accordance with law. Interim direction: status quo with regard to the construction made by the petitioners to be maintained till the final decision — clarified as purely equitable, not an expression of opinion on the merits, and not to influence the Collector. All pending miscellaneous applications stand disposed of. No statute or precedent is cited in the judgment.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Sr. No.135

CWP-4830-2025 (O&M) Date of decision : 08.07.2025

Jagat Ram @ Jagtu and another .…. Petitioners

Versus

State of Haryana and others ..... Respondents

CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL HON'BLE MS. JUSTICE LAPITA BANERJI

Present : Mr.C.P.Tiwana, Advocate, for the petitioners.

Mr.Saurabh Mago, DAG, Haryana.

DEEPAK SIBAL, J . (Oral)

Learned counsel for the petitioners submits that at this stage, he would be satisfied if the present writ petition is disposed of with a direction to respondent No. 5-Collector-cum-Deputy Commissioner, Kaithal to take a decision on the representation dated 28.03.2025 (Annexure P-15), submitted by the petitioners.

Learned State counsel, who appears on advance notice, has no objection if the above prayer is accepted.

Accordingly, at this stage, without commenting on the merits of the case, the writ petition is disposed of with a direction to respondent No.5 to take a decision on the representation 28.03.2025 (Annexure P-15), submitted by the petitioners, by passing a speaking order and after affording opportunity of hearing to all concerned, preferably within one month from the date of receipt of a copy of this order.

Needless to add that the decision so taken be communicated to the petitioners and if the decision is not to the satisfaction of the petitioners, they would be at liberty to challenge the same, in accordance with law.

In the peculiar facts of this case it is directed that till respondent No.5Collector-cum-Deputy Commissioner, Kaithal takes a final decision on the petitioners’

SHAMSHER SINGH 2025.07.10 17:29 I attest to the accuracy and integrity of this document Punjab and haryana high court, chandigarh

CWP-4830-2025 (O&M)

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aforesaid representation (Annexure P-15), status quo with regard to the construction made by the petitioners shall be maintained.

It is clarified that the order of status quo granted by us is purely on equitable grounds and will not be construed to be an expression of opinion on the merits of the petitioners’ aforesaid representation and that the Collector-cum-Deputy Commissioner, Kaithal shall not in any way be influenced by it.

All pending miscellaneous application(s) also stand disposed of.

[DEEPAK SIBAL] JUDGE

08.07.2025 [LAPITA BANERJI] shamsher JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

SHAMSHER SINGH 2025.07.10 17:29 I attest to the accuracy and integrity of this document Punjab and haryana high court, chandigarh