Punjab-Haryana High Court
Pavitar Singh And Anr vs State Of Punjab And Ors on 30 June, 2022
Bench: Arvind Singh Sangwan, Vikas Suri
CWP Nos. 13826, 13831 & 13858 of 2022 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
1. CWP No. 13826 of 2022
Lachhman Singh and another ...Petitioners
Versus
State of Punjab and others ...Respondents
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2. CWP No. 13831 of 2022
Bhupinder Singh and others ...Petitioners
Versus
State of Punjab and others ...Respondents
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3. CWP No. 13858 of 2022
Pavitar Singh and another ...Petitioners
Versus
State of Punjab and others ...Respondents
Date of decision: 30.06.2022
CORAM:- HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Vikram Singh, Advocate
for the petitioner(s).
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ARVIND SINGH SANGWAN, J. (Oral)
This common order shall dispose of above noted three writ petitions as they are similar in nature.
Prayer in these writ petitions is for issuance of a writ of 1 of 3 ::: Downloaded on - 01-07-2022 21:10:17 ::: CWP Nos. 13826, 13831 & 13858 of 2022 (O&M) -2- Mandamus restraining the respondents from dispossessing the petitioners from the land in question during the pendency of the stay application dated 21.06.2022 (Annexure P-7) during the pendency of the appeal.
Learned counsel for the petitioners restricts his arguments to the extent that a direction may be issued to appellate authority-respondent No. 2/Joint Development Commissioner, Punjab to decide the stay application(s) afresh with regard to entire land.
Learned counsel further submits that under a bona fide mistake, the earlier counsel made a statement that he was making prayer only with regard to constructed portion of the land in dispute and the said relief was granted and thereafter, the petitioners filed CWP No. 12086 of 2022 seeking modification of the order dated 13.05.2022 passed by respondent No. 2 Joint Development Commissioner, Punjab, which was dismissed on 30.05.2022 noticing the fact that since the counsel himself had insisted for grant of stay with regard to the constructed area only, no interfere/modification can be done.
Learned counsel further submits that now fresh application(s) in view of the facts and circumstances has been filed seeking stay on the entire land on the ground that the petitioners are entitled to it and it is further submitted that since it is a first appeal, the appellate authority is bound to pass an order on merits with regard to agricultural land.
After hearing learned counsel for the petitioners, in order to avoid any further delay in disposal of the appeal, we deem it appropriate to dispose of the present writ petitions with a direction to respondent No. 2/Joint Development Commissioner, Punjab to decide the stay application(s) afresh expeditiously, preferably within a period of 15 days on 2 of 3 ::: Downloaded on - 01-07-2022 21:10:17 ::: CWP Nos. 13826, 13831 & 13858 of 2022 (O&M) -3- receiving a certified copy of this order.
Till the time the stay application(s) is decided by respondent No. 2/appellate authority, the status quo shall be maintained.
A photocopy of this order be placed on the file of other connected cases.
( ARVIND SINGH SANGWAN )
JUDGE
30.06.2022 ( VIKAS SURI)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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