CHATTAR SINGH v. HP CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD AND OTHERS
CMP/10826/2025 · 2025-05-20
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13784 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13784 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Chattar Singh Vs. H.P. State Co-operative Agriculture and Rural Development Bank Ltd. & Ors. CMP No.10826 of 2024 in CWP No.15571 of 2024 20.05.2025 Present: Mr. H.C. Sharma, Advocate, for the applicant/ petitioner. Mr. Hamender Singh Chandel, Advocate, for the non-applicants No.1 and 3. Mr. Pushpinder Jaswal, Additional Advocate General, for non-applicant/ respondent No.2. C MP No.10826 of 2024
Notice. Mr. Hamender Singh Chandel,
learned counsel and Mr. Pushpinder Jaswal, learned Additional Advocate General, accept notice on behalf of non-applicants No.1 and 3 and non-applicant No.2, respectively. This is a decided case. By way of this application, the applicant has prayed for the following relief:-
“It is therefore, most respectfully prayed that the application may be allowed and the non- applicants/ respondents may kindly be
directed to transfer the land comprised in khata No.14, khatauni No.41, khasra Nos.993, 994, 1493 and 1774/1514, kita-4, total measuring 00-86-42 Hectare i.e. 11-9 bigha situated in Mohal Jhalwari, Sub- Tehsil Jangla, Tehsil Rohru, District Shimla, H.P. in favour of the applicant/
petitioner after due compliance of the directions issued by this Hon’ble Court vide its judgment dated 19.12.2024.” Mr. Hamender Singh Chandel, learned counsel for non-applicants No.1 and 3 submits that whereas the petitioner wants that the entire property be released in his favour, the Bank intends to release it in favour of legal heirs of deceased- original loanee, upon whom the property/ interest of the deceased- loanee has devolved. This Court is of the considered view that this issue cannot be decided by this Court as the Court cannot be a party to the said point. At this stage, learned counsel for the applicant submits that the applicant may be allowed to withdraw this application, but with liberty to pursue his remedy before the appropriate Court/Forum. The application is allowed to be withdrawn, with liberty, as prayed for.
(Ajay Mohan Goel) Judge May 20, 2025 (Rishi)