- (1.) Present revision petition under Article 227 of the Constitution of India is challenge to the order dated 09.07.2014 [Annexure P/9] passed by Collector, Kurukshetra whereby application filed by the present petitioner for treating issues No. 4 and 5 as preliminary issues, was dismissed.
(2.) The present controversy was before this Court in CWP-13407- 2006 titled Gram Panchayat Syonsar, Tehsil Pehowa, District Kurukshetra Vs. State of Haryana and others and the Hon'ble Division Bench passed the following orders on 08.08.2013:- " After taking note of above facts and circumstances, we dispose of these writ petitions directing Collector, Kurukshetra to proceed ahead with the title suit filed by the BDPO, Pehowa on behalf of the Gram Panchayat to decide question of title. All the pleas which the petitioner Gram Panchayat has taken in these writ petitions, the Gram Panchayat is permitted to take those pleas in the pending title suit. To the proposal made, no objection has been shown by counsel for the respondents. The parties are directed to appear before the Collector, Kurukshetra on 04.09.2013. The suit be decided as per law within one year therefrom."
(3.) As per the above orders passed by Hon'ble Division Bench of this Court, the matter was to be decided within one year from 08.08.2013. The Court below passed the order dated 9.7.2014 [Annexure P/9], while making the observations that the matter required leading of evidence and appreciation thereof and as such, the same could not be decided on the basis of preliminary issues alone.;