Khalsa Motor Co. vs State of Haryana and Others

Ritu Bahri, J.—The petitioner has sought for quashing the impugned orders Annexures P-3, P-4 and P-5. There was a dispute about the ownership of the land between the petitioner and the respondent-State. Vide order dated 22.3.1988, the Commissioner, Hisar, Division Hisar, dismissed the appeal of the petitioner and directed the State to take possession of the disputed premises to the extent of 1354 sq. feet within a period of 60 days. The petitioner challenged that order by filing the present writ petition.

Learned Deputy Advocate General, Haryana has placed on record the decision of the Hon''ble Supreme Court in Civil Appeal No. 3067 of 1990 decided on August 30, 1990. A perusal of this judgment would show that the Civil suit was filed by the counsel for the petitioner for permanent injunction and for declaring that the land was in occupation and ownership of the plaintiff-petitioner since 1950. The Civil suit was dismissed by Civil Court and District Judge. However, the Regular Second Appeal No. 2488 of 1989 filed by the petitioner was allowed by this Court. The Hon''ble Supreme Court had allowed the Civil Appeal No. 2488 of 1988 decided on 24.11.1989. The Hon''ble Supreme Court while disposing of the Civil Appeal filed by the State held that the State was owner of the public premises. The Supreme Court gave a direction that the petrol and diesel oil tank should be removed by the petitioner-plaintiff from the premises in dispute. Learned Counsel for the petitioner has not disputed the fact that the judgment has attained finality.

Nothing survives in the writ petition and the same is dismissed, as having become infructuous.