RAMESH BAJAJ Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India is challenge to the order dated 12.10.2015 (Annexure P-1) whereby an application for issuing survey commission to demarcate the land pertaining to Khasra No.317 and house of the plaintiff pertaining to Khasra No.279 of village Bainsi, was dismissed.

(2.) Learned counsel for the petitioner mainly submitted that the prayer was made for demarcation of the land and that has been declined by the Court below without considering the fact that the matter in controversy involves location and demarcation of the property itself which can be done by demarcation only and as such the present petition be allowed and the order dated 12.10.2015 be set aside and Local Commissioner be appointed to demarcate the suit land. In support of his arguments, learned counsel for the petitioner has placed reliance upon judgments from Co-ordinate Benches of this Court in Deepak Narula Vs. Shri Satruhan Dwivedi and others, 2014 174 PunLR 167, Fateh Singh Saini Vs. State of Haryana and ors., 1987 RRR 411, Ram Narayan and others Vs. Ramesh and others, 2014 4 LawHerald(P&H) 3634 and Ran Singh and another Vs. Jagir Singh etc., 2015 178 PunLR 42.

(3.) Learned counsel for the respondents submitted that the order passed by the Court below refusing to appoint Local Commissioner cannot be challenged by way of revision petition. On this point, reliance was placed upon Division Bench decision of this Court in Pritam Singh and anr. Vs. Sunder Lal and ors., 1991 1 RRR 356, Harvinder Kaur and another Vs. Godha Ram and another, 1979 HinduLR 30. Reliance was also placed upon judgments from co-ordinate Benches of this Court in Harwinder Kumar Vs. Nasib Singh and others,2015 2 LawHerald(P&H) 1727, Harbhajan Singh and another Vs. Gumail Singh & others,2015 2 LawHerald(P&H) 1089 and Raj Singh and others Vs. Mukhtiar Singh,2015 2 LawHerald(P&H) 1095.