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Punjab-Haryana High Court

Puran Chand And Others vs State Of Punjab And Others on 13 February, 2014

Bench: Hemant Gupta, Fateh Deep Singh

            CWP No. 2791 of 2014                                                         1


            IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                                                  *****
                                                  CWP No. 2791 of 2014
                                                  Date of decision : February 13, 2014

                                                  *****
            Puran Chand and others
                                                               ............Petitioners

            Versus


            State of Punjab and others

                                                              ...........Respondents

                                *****
            CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
                   HON'BLE MS. JUSTICE FATEH DEEP SINGH

                                                  *****
            Present:           Mr. N.S Gill, Advocate,
                               for the petitioners.

                                                  *****

            HEMANT GUPTA, J (ORAL)

A perusal of the writ petition shows that an appeal against the order of eviction under Section 7 of the Punjab Village Common Lands (Regulation Act, 1961 is pending before the Commissioner. Learned counsel for the petitioner admits that the same is fixed for final hearing today. Grievance of the petitioner is that the warrants of possession have been issued though the appeal filed by the petitioner is pending consideration before the Appellate Authority. Therefore, the possession of the petitioner should be protected during the pendency of the appeal.

It is admitted by the learned counsel for the petitioner that on the land in question, there is standing crop. Thus the possession of a standing crop cannot be taken without harvesting of the same.

Therefore, we dispose of the present writ petition with direction Kukreja Ritu 2014.02.21 10:21 I attest to the accuracy and integrity of this document Chandigarh CWP No. 2791 of 2014 2 to the Commissioner to decide the appeal expeditiously, in any case, before 31.3.2014.





                                                   ( HEMANT GUPTA )
                                                        JUDGE



            February 13, 2014                    ( FATEH DEEP SINGH)
            ritu                                       JUDGE




Kukreja Ritu
2014.02.21 10:21
I attest to the accuracy and
integrity of this document
Chandigarh