IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12902 of 2011 Date of decision : 07.12.2012 Kailash Devi .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Ms. Sangeeta Dhanda, Advocate for the petitioner. Mr. Sunil Nehra, Sr. DAG Haryana for the State Mr. Pawan kumar Longia, Advocate for respondent No. 5 **** RANJIT SINGH, J. During the course of arguments, it transpires that predecessor of respondent No. 5 has been allotted the land which order was upheld on 09.08.2001. Respondent No. 5 has now sought permission to construct a shop over the said land which he has inherited on the basis of Will of Bhagwan Dass, whose rights have crystalized on the basis of an order upheld on 09.08.2001. The permission to construct the shop has been allowed and is statedly under challenge in the present writ petition. Another writ petition earlier filed to challenge the order dated 09.08.2001 stands admitted but no stay was granted. Once the rights of Bhagwan Dass have crystalized through whom respondent No. 5 have now claimed, his rights obviously have to be Civil Writ Petition No. 12902 of 2011 2 determined on the basis of adjudication in earlier Civl Writ Petition No. 6483 of 2002. In the present case challenge is to the order granting sanction. If the rights are to be determined in an earlier writ petition which is pending before this Court, the same can not considered in the present writ petition and would not call for re- determination in the present writ petition. If the petitioner has any grievance against respondent No. 5 claiming title through Bhagwan Dass then he would be required to challenge the same on the basis for which such title is being claimed. Faced with this situation, counsel for the petitioner prays for permission to withdraw this petition to raise a challenge before an appropriate forum against the rights of respondent No. 5 through Bhagwan Dass. Dismissed as withdrawn December 07, 2012 ( RANJIT SINGH ) reena JUDGE