C.W.P. No. 19384 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19384 of 2009 Date of Decision:- 02.12.2011 Om Parkash and others .....Petitioners Versus Financial Commissioner, Haryana, Chandigarh and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. Amit Jain, Advocate for the petitioners. Mr. Ajay Kumar Gupta, Addl. AG Haryana. Mr. Jagbir Singh, Advocate for Mr. Ramesh Hooda, Advocate for Gram Panchayat. Mr. Navin Mahajan, Advocate for respondent No. 5. **** SATISH KUMAR MITTAL, J(Oral). On 18.11.2011, the following order was passed: “Written statement has been filed on behalf of respondent No. 5 in Court. The same is taken on record. During the course of arguments, when the counsel for the petitioners was confronted with the situation that the Revenue Authority has declined to entertain the application of the petitioners on the ground that the land in dispute is shamlat deh, learned counsel for the petitioners seeks time to have instructions from the petitioners to withdraw this petition with liberty to file a title suit under section 13-A of the Punjab Village C.W.P. No. 19384 of 2009 2 Common Lands (Regulation) Act, 1961 (as applicable to Haryana), with rider that any observation made by the Authority under Section 7 of the Act proceedings would not effect their right. Adjourned to 2.12.2011.” Learned counsel for the petitioners on instructions from the petitioners (one of the petitioner is present in Court) states that the petitioners may be permitted to withdraw this petition with liberty to file title suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) with rider that any observation made by the Authority under Section 7 of the Act proceedings would not effect their right. Counsel for private respondents as well as counsel for Gram Panchayat have no objection. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL) JUDGE 02.12.2011 ( PARAMJEET SINGH ) reema JUDGE