IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-21418-CII-2025 in/and CR-6019-2024(O&M)

Date of decision: 28.10.2025 Indrawati … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Nand Lal Sammi, Advocate, for the petitioner.

Mr. Anuj Garg, DAG, Haryana.

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VIKRAM AGGARWAL, J.

CM-21418-CII-2025 Prayer in the present application preferred under Section 151 CPC is for placing on record the counter reply to the status report dated

10.07.2025 filed by the respondents.

For the reasons mentioned in the application, the same is allowed. Consequently, the counter reply is taken on record.

CR-6019-2024 (O&M)

The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 01.10.2024 (Annexure P-4), passed by the Court of Additional Civil Judge (Sr. Divn.), Rewari, vide which the execution petition preferred by the petitioner (Smt. Indrawati) under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) was dismissed and the objections filed by the respondents/JDs were allowed.

2. The facts, as emanating from the revision petition, are that vide communication dated 19.06.1980, issued pursuant to an application submitted by one Mahinder Singh (husband of the petitioner), a Jai Jawan Tea Stall was allotted to him in the premises of Civil Hospital, Rewari (Annexure P-5). Mahinder Singh was an Ex-Army man, who is stated to have been injured in a War and became handicapped and was, therefore, considered as a Disabled Soldier.

3. In 2004, the respondents illegally and forcefully made an attempt to dispossess the said Mahinder Singh. However, Mahinder Singh represented to the authorities, as a result of which his possession was not disturbed. On 22.06.2007, a public notice was issued by the Civil Surgeon, Rewari, to the effect that the Jai Jawan Tea Stall would be re-allotted. Accordingly, applications were invited till 09.07.2007. This led to filing of Civil Suit No.470 of 2007 by Mahinder Singh for permanent injunction. The said suit was decreed vide judgment and decree dated 26.03.2010 (Annexure P-1). No appeal was preferred against the said judgment and decree, as a result of which the same attained finality.

4. Mahinder Singh expired on 13.03.2024, after which the respondents again started threatening the petitioner to vacate the premises and handover its possession. It is case of the petitioner that since the allotment of the Tea Stall had been made by the Government of India (Ministry of Defence), there was no power with the Government of Haryana (Deputy Collector/Civil Surgeon/Principal Medical Officer, Rewari) to revoke the allotment.

5. It has been averred that on 21.06.2024 (Annexure P-3), the office of District Sainik Welfare Department, Rewari had issued a communication to the Civil Surgeon, Govt. Civil Hospital, Rewari that the application received from the petitioner was being forwarded to the Civil Surgeon and it was requested that her case be considered sympathetically in terms of the existing policy.

6. An application under Order XXI Rule 32 read with Section 151 CPC was instituted by the petitioner and objections were filed by the respondents. By way of the impugned order dated 01.10.2024 (Annexure P- 4), the said application was dismissed, whereas the objections filed by the respondents were allowed, leading to the filing of the present revision petition.

7. I have heard learned counsel for the parties.

8. Learned counsel for the petitioner has strenuously urged that the impugned order is not sustainable. It has been submitted that the Jai Jawan Tea Stall was allotted to Mahinder Singh (husband of the petitioner) in the year 1980 and vide judgment and decree dated 26.03.2010, the respondents had been permanently restrained from interfering in his possession over the said Tea Stall. He submits that being the legal representative of Mahinder Singh, the petitioner has every right to operate the Tea Stall