CWP-3903-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (121) CWP-3903-2026 Date of Decision: - 20.07.2026 Ashok Kumar and others ....Petitioners Versus State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Vikram Singh, Advocate, for the petitioners. Mr. Pradeep Prakash Chahar, Addl. A.G., Haryana. **** VIKAS BAHL, J. (ORAL) 1. Present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dated 19.09.2024 (Annexure P-10) passed by respondent No.2. 2. Learned counsel for the respondents-State has submitted that even in case the petitioners have any right, they are required to seek declaration under Section 13A of the Haryana Village Common Lands (Regulation) Act, 1961 (for short 'Act of 1961') or by filing a civil suit as disputed questions of facts are involved in the present case, which cannot be adjudicated in writ jurisdiction. 3. Learned counsel for the petitioners has submitted that since NARESH KUMAR 2026.07.21 14:47 I attest to the accuracy and integrity of this document/judgement CWP-3903-2026 -2- the Deputy Commissioner had passed a speaking order dated 19.09.2024, thus, in the said circumstances, the petitioners be permitted to withdraw the present writ petition with liberty to file appropriate proceedings in accordance with law including the proceedings under Section 13-A of the Act of 1961 and has further prayed that the competent authority be directed to consider the said suit independent of the observations made in the speaking order dated 19.09.2024. 4. Learned counsel for the respondents-State has submitted that in the said circumstances, the respondents be also granted liberty to raise all pleas in case any such suit is filed by the petitioners. 5. Keeping in view the above-said facts and circumstances, the petitioners are permitted to withdraw the writ petition with liberty to seek alternate remedy in accordance with law including a filing of suit under Section 13 A of the Act of 1961 and in case any such suit is filed, then, it would be open to both the parties to raise all pleas in accordance with law and the competent authority would decide the same uninfluenced by the observations made in the speaking order dated 19.09.2024. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE July 20, 2026 naresh.k Whether reasoned/speaking? Yes Whether reportable? No NARESH KUMAR 2026.07.21 14:47 I attest to the accuracy and integrity of this document/judgement