STATE OF HARYANA Vs. PYARI

JUDGEMENT

(1.) THE present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 06.08.2013 whereby the writ petition challenging the vesting of land with the State was set aside for the reason that the prescribed Authority has passed the order declaring the land in the hands of Imrati Devi after her death without taking into consideration the fact that the succession has opened.

(2.) A perusal of the record shows that Imrati Devi died somewhere in the year 1978 whereas the prescribed Authority passed an order on 18.02.1982 declaring the land surplus in the hands of Imrati Devi. Since Imrati Devi had died prior to passing of the order by the prescribed Authority, therefore, the surplus area of the land has to be determined in the hands of the legal heirs and not in the hands of the deceased. Such is the view taken by this Court in LPA No. 18 of 1993, titled as Mahabir Parshad & another Versus Financial Commissioner, Haryana & others, decided on 29.01.2014:

(3.) DISMISSED .