CWP No.13402 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13402 of 2009 (O&M) Date of decision : 10-11-2009 Smt. Maharani and others .... Petitioners VERSUS State of Punjab and Others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.S. Dhaliwal, Advocate, for the petitioners. Mr. Anil Kumar Sharma, Addl. AG, Punjab. Mr. Dinesh Nagar, Advocate. KANWALJIT SINGH AHLUWALIA, J. (Oral) Sh. Bipan Behari Lal and Jaswant Singh were allotted plot No.1A measuring 3466 square yards in Civil Station, Bathinda. The said plot was divided by Sh. Bipan Behari Lal and Jaswant Singh in equal shares. It is said that all instalments due have been paid by Sh. Bipan Behari Lal who expired on 27.06.1989. Legal heirs of Bipan Behari Lal applied for transfer of rights. In the present petition, prayer has been made that Annexure P-8 whereby petitioners were called upon to get the dispute settled from a civil court before registration of conveyance deed be quashed. Respondents in impugned communication (Annexure P-8) have stated as under:- “On the subject cited above concerned parties are advised CWP No.13402 of 2009 (O&M) -2- that regarding the ownership of the plot they should get it settled from the civil court and thereafter should approach for conveyance deed. After this also further steps be taken only after taking the opinion of the District Attorney.” In the written statement filed, respondents have taken a categoric stand that Sh. Bipan Behari Lal had a younger brother named Sh. Ram Nath Seth and a family settlement was arrived between the parties and the legal heirs of Sh. Ram Nath claim to be owner of 450 sq. yards. The family members of Sh. Ram Nath Seth had represented to the authorities that they should also be recorded as owners of the property in the conveyance deed on the basis of the family settlement. Counsel for the petitioners has disputed the family settlement whereas Sh. Dinesh Nagar, Advocate appearing for the legal heirs of Sh. Ram Nath Seth state that property vest in them. I find no infirmity in the order passed by the authority as the communication issued by the authorities that the parties should approach the civil court for determination of the rights, in the facts and circumstances of the case is justified. Hence the present petition devoid of merit is dismissed. Dismissal of writ petition, call for no separate orders to be passed in accompanying civil miscellaneous applications. All civil miscellaneous applications therefore stand disposed of. (KANWALJIT SINGH AHLUWALIA) 10-11-2009 JUDGE manju