AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) One Kehar Singh was the original owner of the land in dispute.

(2.) He died on 3/3/1987, childless, as a bachelor and intestate. Since there was no successor to his property, the State of Haryana filed a suit for declaration of its title in the year 1988, which was decreed vide judgment and decree dtd. 23/2/1998. The father of the petitioner was a party in that suit as allegedly he had come into possession in the year 1989. He had claimed title to the suit property but his claim was rejected. Thereafter, mutation was entered in favour of the State in the year 2007, and consequently, the petitioner filed a civil suit in the same year seeking a declaration that decree dtd. 23/2/1998, was not binding upon his rights. Vide judgment and decree dtd. 1/3/2016, the suit was partly decreed. It was held that judgment and decree aforementioned was not binding upon his rights as he was not a party thereto and that he could not be dispossessed except in due course of law. The appeal filed by the State of Haryana was dismissed vide judgment and decree dtd. 9/5/2018. Thereafter, a petition under the Haryana Public Premises Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as the Act) was filed for eviction of the petitioner. The petitioner submitted objections but the same were not decided and, thus, the present writ petition was filed challenging the proceedings initiated under the aforementioned Act.

(3.) Written statement on behalf of the State of Haryana is on record, wherein, it has been stated that it is the owner of the land in dispute and, thus, it is a 'public premises'. The proceedings initiated were within jurisdiction and there was no illegality therein.