Ramesh Kumar Vs. State of Haryana and Others

Ramesh Kumar vs State of Haryana and Others

Type Court Judgment Court Punjab and Haryana Decided Dec 06, 2012

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Citation: sooperkanoon.com/1058222
Court: Punjab and Haryana High Court
Decided On: Dec 06, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Ramesh Kumar

Respondent

State of Haryana and Others

Excerpt

.....sr.advocate with mr.r.k.dogra, advocate for respondent no.12 **** ranjit singh, j. the grievance raised in the present petition is against the partition application which has been finalised and sanad takseem is issued. though notice in this case has been issued, counsel appearing for the respondents has orally raised an objection to submit that petitioner has an alternative remedy to invoke jurisdiction of the financial commissioner, even when final sanad takseem is issued. in support he has placed reliance on amar civil writ petition no.8525 o”2. khan and others versus state of punjab and others.2009(1) r.c.r.(civil) 741 where this view has been taken. counsel for the petitioner would refer to ranbir singh versus financial commissioner, haryana and others.2005(3) plr 51.wherein it has been held that final order of partition can be impugned by filing writ petition. this has subsequently been considered in amar singh's case (supra) and clear view has been taken that the financial commissioner can exercise powers even when sanad takseem is issued. the petitioner, accordingly, is relegated to his remedy for filing revision before the financial commissioner. if the petitioner does so within a period of two weeks from today, the same shall be entertained and decided in accordance with law. the writ petition is, accordingly, disposed of. december 06, 2012 ( ranjit singh ) reena judge

Full Judgment

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8525 of 2012 Date of decision :

06. 12.2012 Ramesh Kumar .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1

Whether Reporters of local papers may be allowed to see the judgement?.”

2. To be referred to the Reporters or not?.”

3. Whether the judgment should be reported in the Digest?.

Present: Mr.R.S.Mamli, Advocate for the petitioner.

Ms.Kirti Singh, DAG, Haryana for the State.

Mr.S.K.Panwar, Advocate for respondents No.5, 7 and 8 Mr.Deepak Chaudhary, Advocate for respondents No.9 to 11 and 15 Mr.I.K.Mehta, Sr.Advocate with Mr.R.K.Dogra, Advocate for respondent No.12 **** RANJIT SINGH, J.

The grievance raised in the present petition is against the partition application which has been finalised and Sanad Takseem is issued.

Though notice in this case has been issued, counsel appearing for the respondents has orally raised an objection to submit that petitioner has an alternative remedy to invoke jurisdiction of the Financial Commissioner, even when final Sanad Takseem is issued.

In support he has placed reliance on Amar Civil Writ Petition No.8525 o”

2. Khan and others versus State of Punjab and otheRs.2009(1) R.C.R.(Civil) 741 where this view has been taken.

Counsel for the petitioner would refer to Ranbir Singh versus Financial Commissioner, Haryana and otheRs.2005(3) PLR 51.wherein it has been held that final order of partition can be impugned by filing writ petition.

This has subsequently been considered in Amar Singh's case (supra) and clear view has been taken that the Financial Commissioner can exercise powers even when Sanad Takseem is issued.

The petitioner, accordingly, is relegated to his remedy for filing revision before the Financial Commissioner.

If the petitioner does so within a period of two weeks from today, the same shall be entertained and decided in accordance with law.

The writ petition is, accordingly, disposed of.

December 06, 2012 ( RANJIT SINGH ) reena JUDGE

Same Court & Year Punjab and Haryana · 2012 Same Parties Ramesh Kumar vs State of Haryana and Others Same Subject Land Acquisition