Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 73235 (PNJ)

DAVINDER SINGH AND ORS v. STATE OF PUNJAB AND OTHERS

CR/4504/2023 · 2025-03-28

Deepak Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.4504 of 2023 (O&M) Date of Decision:28.03.2025 Davinder Singh and others .....Pe00oners Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. M.L. Sarin, Senior Advocate with Ms. Hemani Sarin, Advocate for the peoners. Mr. Rajiv K. Takkar, DAG, Punjab. **** DEEPAK GUPTA, J. (Oral) Nobody has appeared on behalf of respondents No.3 to 6 who have been duly served. As such, they are proceeded against ex parte for the purpose of this revision. 2. In Civil Suit bearing CIS No.878-2019 filed by plainffs – Davinder Singh and others (appellants herein), applicaon under Order 39 Rules 1 and 2 CPC moved by them, to restrain the defendants- respondents from carving out any water channel on the surface or through underground pipes in the suit land owned by the plainffs, was dismissed by the trial Court on 18.10.2019 vide Annexure P.8 and that order has been affirmed by the Appellate Court vide order dated 11.07.2023 (Annexure P.9). 3. The peoners herein – plainffs assailed the afore-said order. While issuing noce of moon, this Court vide order dated 10.08.2023, directed the pares to maintain status-quo. 4. Today, learned State Counsel appearing for respondents No.1 and 2 has drawn a@enon towards para No.6 of the reply as filed before this Court by RENU 2025.04.01 10:27 I attest to the accuracy and integrity of this document Chandigarh CR No.4504 of 2023 (O&M) -2- way of affidavit of Shri Baljit Singh, Block Development and Panchayat Officer, Gurdaspur, Punjab on behalf of respondents No.1 and 2 which reads as under:- “That upon noce, the answering respondent appeared and filed reply (Annexures P-4 & P-5) by mainly stang that neither there is any proposal to put waster water in the land of the peoners nor any drain is being constructed in their land. It was further alleged that the Gram Panchayat had approached the connected authories for permanent soluons for draining out waste water and a site plan to this effect had been prepared by the concerned authories.” 5. Learned State Counsel has made a specific statement that as of now, there is no proposal to construct any drain in the land of the peoners detailed in the plaint. 6. As such, the present revision peon is hereby disposed of by direcng the pares to maintain status-quo regarding the property in dispute, ll the disposal of the suit before the Court concerned. It is made clear that the trial Court will not be influenced by any of the observaons made by this Court, while deciding the lis on merits. March 28, 2025 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.04.01 10:27 I attest to the accuracy and integrity of this document Chandigarh