CWP-20422-2026 157 Ranjit Singh ...... Petitioner Versus State of Haryana & ors. ..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Vaneet Kumar Sharma, Advocate for the petitioner. *** PANKAJ JAIN, J. (ORAL) Petitioner is aggrieved of order dated 04.02.2026 passed by Collector and Sub-Divisional Officer (Civil), Jagadhri, District Yamunanagar, whereby warrant of possession has been issued qua suit land. 2 The petitioner claims to be a mortgagee in possession. From the record, it is discernible that the Collector ordered redemption of the mortgage under the Punjab Redemption of Mortgages Act, 1913 (for short, the 1913 Act’). As per scheme of the 1913 Act, any person aggrieved of order passed under Section 6 and 7 has a remedy of challenging the same by filing regular suit under Section 12 of the 1913 Act. Sections 6, 7, 11 and 12 of the 1913 Act read as under :- “6. Where the mortgagee appears and the petitioner does not appear when the petition is called on for hearing, the Collector shall, unless he adjourns the proceedings, make an order that the POOJA SHARMA 2026.07.15 17:43 I attest to the accuracy and integrity of this document CWP-20422-2026 petition be dismissed, unless the mortgagee admits the claim, in which case the Collector shall make an order- (a) that the mortgage be redeemed; (b) that where the mortgage is with possession the mortgagor be put in possession of the mortgaged property as against the mortgagee; (c) that the mortgagee deposit with the Collector the mortgage- deed, if any, if then in his possession or power, and that it be delivered to the petitioner; (d) that subject to the mortgage-deed, if any, being so deposited by the mortgagee the sum in deposit be paid to him: Provided that no such order shall be made in-consistent with any condition of the mortgage whereby a season or period of the year is fixed for redemption or for surrendering possession. 7. When the petitioner appears, but the mortgagee does not appear, when the petition is called on for hearing, the Collector shall, unless he adjourns the proceedings, inquire in a summary manner (a) whether the petitioner is entitled to redeem the mortgaged property, and (b) whether the sum deposited by the petitioner is the sum rightly due under the mortgage. If the Collector is not satisfied that the petitioner is entitled to redeem, he shall dismiss the petition. If the Collector is satisfied that the petitioner is entitled to redeem, and that the sum deposited is the sum rightly due under the mortgage, he shall make an order as laid down in section 6(a), (b), (c) and (d) of this Act. If the Collector is satisfied that petitioner is entitled to redeem, but is of opinion that a sum larger than that in deposit is due under the mortgage, he shall fix a period not exceeding 30 days within which the petitioner shall deposit the difference, together with any further sum which may be due on account of interest up to the date of deposit. If the petitioner makes such deposit within POOJA SHARMA 2026.07.15 17:43 I attest to the accuracy and integrity of this document CWP-20422-2026 such period or such further period not exceeding 30 days, as the Collector may fix, the Collector shall make an order in manner aforesaid. If the petitioner fails to make such deposit within the period fixed, the Collector shall dismiss the petition. xxx xxx xxx xxx 11. If on inquiry regarding the sum due the Collector is of opinion that the sum deposited is the sum rightly due under the mortgage, he shall, unless he dismisses the petition under section 10, make an order as laid down in section 6 (a), (b), (c) and (d) of this Act, but if he is of opinion that a sum larger than the sum deposited should be deposited by the petitioner, he shall, unless he dismisses the petition under section 10, fix a period not exceeding 30 days within which the petitioner shall deposit the difference, together with any further sum which may be due on account of interest up to the date of the deposit. If the petitioner makes such deposit within such period or such further period not exceeding 30 days, as the Collector may fix, the Collector shall make an order as laid down in section 6 (a), (b), (c) and (d) of this Act. If the petitioner fails to make such deposit within the period fixed, the Collector shall dismiss the petition. 12. Any party aggrieved by an order made under-section 6, 7, 8, 9, 10, or 11 of this Act may institute a suit to establish his rights in respect of the mortgage, but subject to the result of such suit, if any, the order shall be conclusive. Notwithstanding anything in this section a mortgagee against whom an ex parte order under section 7 has been made or a petitioner, whose petition has been dismissed in default under section 6 may apply to the Collector to have such order or dismissal set aside, and the Collector may in his discretion set aside, such order or dismissal on such terms as to costs or otherwise as he may deem fit; provided that the order or dismissal POOJA SHARMA 2026.07.15 17:43 I attest to the accuracy and integrity of this document CWP-20422-2026 shall not be set aside unless notice of the application has been served on the opposite party.” In view thereof, this Court finds that once the petitioner has an efficacious remedy of challenging the order of redemption, there is no reason to entertain the present writ petition. Accordingly, the same is dismissed. 4 However, liberty is granted to the petitioner to avail his remedies in accordance with law. ( PANKAJ JAIN ) 09.07.2026 JUDGE Pooja Sharma-I Whether speaking/reasoned: Yes/No Whether reportable: Yes/No POOJA SHARMA 2026.07.15 17:43 I attest to the accuracy and integrity of this document