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2025 DAILYLAW 64544 (PNJ)

TRILOK NATH v. STATE OF HARYANA AND OTHERS

CWP/17936/2022 · 2025-03-21

Sureshwar Thakur, Vikas Suri

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CWP-17936-2022 Date of Decision: 21.03.2025 Trilok Nath ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Manish Arora, Advocate, for Mr. S.P. Arora, Advocate, for the petitioner. Mr. Ankur Mittal, Additional Advocate General, Haryana, Ms. Svaneel Jaswal, Additional Advocate General, Haryana, Mr. P.P. Chahar, Sr. Deputy Advocate General, Haryana, Mr. Saurabh Mago, Deputy Advocate General, Haryana, Mr. Gaurav Bansal, Deputy Advocate General, Haryana and Mr. Karan Jindal, Assistant Advocate General, Haryana. Mr. Deepak Sabherwal, for the respondent-HSVP. ***** SURESHWAR THAKUR , J. (ORAL) 1. Learned counsel for the respondent-HSVP has placed on record an email instruction imparted to him (dated 20.03.2025) by the respondent concerned. The contents of the said email scribe instructions are extracted hereinafter:- “In the above cited subject it is submitted that the present petition has been filed by the petitioner for quashing the orders passed by the Administrator, HSVP, Rohtak on dated 21.04.2022. In said speaking order it was decided that, "As per the report of Tehsildar, Panipat the acquired land of the petitioner is less than 75% of his total land HARISH KUMAR 2025.03.21 17:07 I attest to the accuracy and authenticity of this order/judgment CWP-17936-2022 -2- and he is not entitled for allotment of plot under oustees quota and the claim of the applicant was rejected". An email has been received from engaged counsel regarding the report of the Tehsildar to be obtained whether land acquired is less than or more than 75% as per the certificate/report as Annexure P-12 and Jamabandi Annexure P-11. A report was sought by the Estate Officer, HSVP, Panipat vide letter memo No. 183 dated 21.01.2025. The report was submitted by Tehsildar, Panipat on dated 28.01.2025. Now, as per report of Tehsildar, Panipat the acquired land of the applicant is more than 75% of his total land holdings (Copy of report attached). The detailed letter has been sent to the Worthy Administrator HSVP, Rohtak on dated 14/2/2025 (Copy attached) and accordingly the matter has been discussed with W/Administrator, HSVP, Rohtak on dated 05.03.2025 and W/ Administrator, HSVP Rohtak has directed to obtain the certified copies of Jamabandi before Section 4 of total land of the applicant and entire record of land of acquisition in ibid case from Tehsildar, Panipat, as earlier Tehsildar, Panipat has reported that the land of applicant is less than 75% and now it has been recorded that the acquired land of applicant is more than 75%. So, to take a conscious decision it was decided to check the record thoroughly. Now to decide the matter again, the meeting of oustees committee has been fixed for 26.03.2025 Copy of letter attached). Hence, it is requested to get the matter disposed off as fresh decision will be conveyed to the petitioner as per the decision of oustees screening committee. This is for your kind information please.” 2. In light of the above, the learned counsel for the petitioner submits that since, therebys, at this stage, the writ grievance becomes HARISH KUMAR 2025.03.21 17:07 I attest to the accuracy and authenticity of this order/judgment CWP-17936-2022 -3- mitigated, resultantly, he prays that at this stage, he be permitted to withdraw the present writ petition. Accordingly ordered. 3. However, in the fresh decision making process which shall becoming engaged into, thus, by the respondent concerned, the latter shall ensure the participation therein of the present petitioner. Moreover, in the said decision making process, the respondent concerned shall permit the present petitioner to adduce all the evidence, thus supportive of the writ claim. 4. Disposed of accordingly. 5. Pending applications, if any, also stand disposed of. ( SURESHWAR THAKUR ) JUDGE ( VIKAS SURI ) March 21, 2025 JUDGE harish Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2025.03.21 17:07 I attest to the accuracy and authenticity of this order/judgment