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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-11886-2026 (O&M) Date of Decision : 30.04.2026 RAVINDER SINGH RAGHAV
…. Petitioner VERSUS STATE OF HARYANA AND ORS
…. Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
HON’BLE MR. JUSTICE RAMESH CHANDER DIMRI Present : Mr. Akash Khurcha, Advocate and Mr. Varun Singla, Advocate for
Mr. Lupil Gupta, Advocate for the petitioner. Mr. Saurabh Mago, DAG Haryana for respondents No.1 and 2. Mr. Rajesh Lamba, Advocate for respondent No.3.
ALKA SARIN, J. (ORAL)
1.
Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the impugned ex parte order dated 16.08.2017 (Annexure P-2) passed by respondent No.2 herein on an application filed by respondent No.3- Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to Haryana (hereinafter referred to as the ‘Act of 1961’).
2.
It has been averred in the writ petition that the application under Section 7 of the Act of 1961 was filed on 27.07.2017 against Mahender Singh (father of the petitioner herein) who had already expired on 11.02.2013. It has AMAN JAIN 2026.05.01 09:15 I attest to the accuracy and integrity of this
order/judgment
CWP-11886-2026 (O&M)
-2-
further been averred that the legal representatives of deceased Mahender Singh were never impleaded and as such they never came to know of the pendency of the application.
3.
Learned counsel for respondents No.1 and 2 and learned counsel for respondent No.3-Gram Panchayat, who have appeared on advance notice, are not in a position to dispute the fact that the application under Section 7 of the Act of 1961 was filed against a dead person and that the said fact also finds mention in the impugned order dated 16.08.2017 passed by the Assistant Collector First Class, Nuh, District Nuh.
4.
In view of the above and in view of the admission made by the
learned counsel for the respondents that the application under Section 7 of the Act of 1961 was filed against a dead person, the impugned order dated 16.08.2017 (Annexure P-2) cannot be sustained and the same is accordingly set aside.
5.
It is made clear that respondent No.3-Gram Panchayat would always be at liberty to proceed in the matter in accordance with law.
6.
The writ petition stands disposed off accordingly. Pending applications, if any, also stand disposed off.
(ALKA SARIN)
JUDGE
(RAMESH CHANDER DIMRI) 30.04.2026
JUDGE Aman Jain NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2026.05.01 09:15 I attest to the accuracy and integrity of this
order/judgment