CM No.15352-CWP-2026 in/and CWP No.21735 of 2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 107 CM No.15352-CWP-2026 in/and CWP No.21735 of 2025 Date of decision: September 3rd, 2026 Mustkin .....Petitioner Versus State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MS. JUSTICE DIVYA SHARMA Present: Mr. Sonpreet S. Brar, Advocate for the petitioner (through V.C.). Mr. Pradeep Prakash Chahar, Additional Advocate General, Haryana. Mr. Abhimanyu Balyan, Advocate for respondent No.5. VIKAS BAHL, J. (ORAL) CM No.15352-CWP-2026 1. This is an application under Section 151 CPC for withdrawal of the main case with liberty to avail alternate remedies. 2. Learned counsel for the applicant has submitted that the main case is pending for 15.12.2026 and the same be preponed as the petitioner seeks to withdraw the same with liberty to avail alternate remedies. It is pointed out that the partition suit which was filed by the petitioner has been decided on 09.10.2025 and the petitioner and other affected parties have filed appeal against the said order, which is PUNEET SACHDEVA 2026.09.07 14:51 I attest to the accuracy and authenticity of this document Chandigarh CM No.15352-CWP-2026 in/and CWP No.21735 of 2025 2 pending adjudication before the Appellate Authority. It is submitted that in case the petitioner were to succeed in the said appeal, then, the petitioner would move an appropriate claim before the Gram Panchayat for the refund with respect to the trees in question. 3. Learned counsel for the respondents-State as well as learned counsel for respondent No.5 have submitted that they have no objection to the said course of action. Learned State counsel has further pointed out that in the present case, the reserve price of the trees in question was fixed by the Deputy Commissioner on the basis of the letter dated 24.07.2024 issued by the Deputy Forest Conservator, Yamuna Nagar, and had further ordered that in the present case, open bidding in the presence of the DDPO, Yamuna Nagar and BDPO, Sadhuara would be done. It is submitted that the very fact that open bidding was ordered showed that the process of selling the trees was in accordance with law. It is also pointed out that the petitioner in CWP-18483-2025 had stated that the value of the said trees was 50 ₹ lakh and that he was ready to purchase the said trees for the said value in case in the auction proceedings, the trees are sold for lesser value. It has been pointed out that at the time of the auction, the trees have been sold at 91,02,000/- and thus, there is no loss caused to the ₹ respondents-State or to the Gram Panchayat. Learned counsel for the Gram Panchayat has also reiterated the said fact. 4. Keeping in view the abovesaid facts and circumstances, PUNEET SACHDEVA 2026.09.07 14:51 I attest to the accuracy and authenticity of this document Chandigarh CM No.15352-CWP-2026 in/and CWP No.21735 of 2025 3 CM No.15352-CWP-2026 is allowed and the main case i.e. CWP-21735-2025 is preponed from 15.12.2026 to today and the petitioner is permitted to withdraw the main writ petition with liberty to pursue alternate remedy in accordance with law. (VIKAS BAHL) JUDGE September 3rd, 2026 (DIVYA SHARMA) Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No PUNEET SACHDEVA 2026.09.07 14:51 I attest to the accuracy and authenticity of this document Chandigarh