Punjab & Haryana High Court
Pirthi Singh Batan v. State of Haryana & Ors.
CWP/21713/2026
- Decision date
- 2026-07-27
- Text availability
- Full text
- Judges
- Vikas Bahl, Subhas Mehla
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
CWP-21713-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-21713-2026 Date of decision : 27.07.2026 Pirthi Singh Batan ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Ms.Neha Rani, Advocate and Mr.Pratham Bali, Advocate for the petitioner. Mr.Deepak Bhardwaj, Addl. A. G. Haryana. VIKAS BAHL, J.(ORAL) 1. This is a Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of writ of mandamus directing the respondents to hand over the possession of plot no.95, Sector 19, Rewari or in the alternative, allot an alternative plot of the same size in the same sector in lieu of original plot. 2. On 20.07.2026, this Court was pleased to pass the following order:- “Present: Ms.Neha Rani, Advocate and Mr.Balraj Sharma, Advocate for the petitioner. Mr.Deepak Bhardwaj, Addl. A. G. Haryana. *** DAVINDER KUMAR Learned counsel for the petitioner has submitted that 2026.07.29 10:22 I attest the accuracy and authenticity of this order / judgment CWP-21713-2026 2
allotment of the plot in question was made on 15.05.2011 and there is 33 KV HT Line passing over the said plot, on account of which, the possession has not been granted. It is submitted that in pursuance of the earlier writ petition filed by the petitioner, a speaking order dated 27.03.2026 was passed and in paragraph 6 of the said order, it had been stated that necessary action to shift the said HT Line is to be taken, so that possession can be handed over. Paragaphs 6 and 9 of the said speaking order which have been highlighted before this Court are reproduced hereinbelow:- “6. This office has also earlier requested to the Executive Engineer, Electrical Division, Gurugram vide this office Memo No. 48837 dated 16.02.2026 regarding shifting of said 33 KV HT line and now this office has recently vide this office Memo No. 3040-42 dated 24.03.2026 necessary action may kindly be taken to remove/shift the HT line at the earliest, so that possession of the plots may be handed over in a timely manner and pending judicial matters may also be resolved expeditiously.” xxx xxx xxx 9. Therefore, in view of the aforesaid facts and circumstances possession of Plot No. 95, Sector-19, Rewari may be offered to the allottee at the same site as and after shifting of the aforesaid H.T. line subject to fulfillment of the terms and conditions of allotment and applicable HSVP policies.”
Learned counsel for the petitioner has submitted that in the present case, the HSVP has to provide an alternate route and the Dakshin Haryana Bijli Vitran Nigam has to shift the line in question. It is further submitted that till date the same has not been done. Learned State counsel prays for an adjournment to get instructions in the matter. Adjourned to 27.07.2026. DAVINDER KUMAR 2026.07.29 10:22 I attest the accuracy and authenticity of this order / judgment CWP-21713-2026 3 July 20, 2026” 3. Learned counsel for the respondents, in pursuance of the said direction, on instructions from Harwinder Prashar,, EXEN, Electrical, HSVP, Rewari, has submitted that the process for providing an alternate route has been initiated and the estimates have been prepared and approved and further proceedings will also be undertaken expeditiously and has submitted that every endeavour would be made to complete the entire proceedings within a period of six months from today. 4. Learned counsel for the petitioner has submitted that in the said circumstances, the present petition be disposed of but the respondents be bound by the statement made before this Court. 5. Ordered accordingly.
6. At this stage, learned counsel for the petitioner has submitted that one further prayer has been made in the present writ petition to the effect that 4th, 5th and 6th installments be waived of in view of the delay in possession and for the said purpose, the petitioner has given a representation dated 14.10.2022 and has prayed that respondent no.3 be directed to decide the representation in accordance with law. 7. Learned State counsel has submitted that the representation dated 14.10.2022 would be decided within a period of three months by respondent no.3 in accordance with law. 8. Keeping in view the above said facts and circumstances, with respect to the second prayer, respondent no.3 is directed to consider the DAVINDER KUMAR 2026.07.29 10:22 I attest the accuracy and authenticity of this order / judgment CWP-21713-2026 4 representation dated 14.10.2022 in accordance with law and to pass a speaking order thereon within a period of three months from today. In case the pleas raised by the petitioner are found to be meritorious, then, respondent no.3 would also grant necessary relief to the petitioner. 9. It is made clear that this Court has not opined on the merits of the representation and respondent no.3 would consider and decide the same independently, in accordance with law. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE July 27, 2026. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.07.29 10:22
I attest the accuracy and authenticity of this order / judgment