123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-22115-2021 (O&M)

Date of decision: 01.11.2021

Resham Kumar

....Petitioner

Versus

State of Haryana and others

..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr.Narender Pal Bhardwaj, Advocate for the petitioner

Mr. Samarth Sagar, Addl. AG, Haryana

ANIL KSHETARPAL, J (Oral)

The hearing of the case was held through video

conferencing on account of restricted functioning of the Courts.

The petitioner prays for issuance of a writ in the nature of

Mandamus to direct the respondents to decide his representation-cum-

objections. The petitioner claims that three different ancestral residential

properties, residential in nature, of the family are located within the Lal

Dora of the village. The petitioner claims to be son of Late Sh.Sita

Ram. A civil suit filed by the petitioner is already pending. The

petitioner has also asserted that he intends to file a suit for partition. The

State of Haryana, in order to confer the documents of title, has initiated

Lal Dora Mukt Gram Yojna. The petitioner claims that his brothers and

nephews have already been issued property I-cards and certificates of the

ownership rights. In essence, the petitioner prays that the Block

Development and Panchayat Officer or the Panchayat Secretary should

decide the question of title. In the considered view of this Court, the

question of title can only be decided by the competent court of

REKHA SIHAG

2021.11.08 12:52

I attest to the accuracy of this

order

chandigarh

CWP-22115-2021 (O&M)

2

jurisdiction like the civil court. Learned counsel representing the

petitioner does not dispute the aforesaid fact. However, he contends that

as the objections have already been invited, therefore, the authorities be

directed to decide the same.

In substance, the petitioner claims ownership being

coparcener in the various properties located in the village whereas he

resides in the city. Such question can only be decided by the competent

civil court having jurisdiction to decide such question. The revenue

officals do not have jurisdiction to decide such questions. Hence, the

petitioner, if so advised, may file an appropriate suit or amend the

pending suit.

Disposed of.

All the pending miscellaneous applications, if any, are also

disposed of.

01.11.2021

(ANIL KSHETARPAL)

rekha

JUDGE

Whether speaking/reasoned :

Yes/No

Whether reportable :

Yes/No

REKHA SIHAG

2021.11.08 12:52

I attest to the accuracy of this

order

chandigarh