High Court of Punjab and HaryanaCR/2775/2018disposed of

Sukhjinder Singh v. Munsi Ram And ORS

2018-04-30Mr. Justice Ashok Kumar Verma2 pages

CR No.2775 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2775 of 2018 Date of decision:30.04.2018 Sukhjinder Singh ... Petitioner Vs.

Munshi Ram and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. R.S.Mamli, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The present revision petition has been filed under Article 227 of the Constitution of India seeking an appropriate direction to respondent No.7 for deciding application filed under Section 7 of Punjab Village Common Land Act, 1961 as applicable to Haryana (in short "1961 Act") in pursuance to remand order dated 30.07.2015 (Annexure P-3). Mr. R.S. Mamli, learned counsel appearing on behalf of the petitioner submitted that petitioner filed an application under Section 7 of 1961 Act, seeking eviction of the respondents which was allowed, vide order dated 14.03.2013 (Annexure P-2). The aforementioned order was assailed before the Collector. The order under challenge was set aside and matter was remitted back to the Assistant Collector. Since then almost 8 years were passed, no decision has been taken so far. The purpose of filing application under Section 7 of 1961 Act, is obliterated. Savita 2018.05.03 10:42 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2775 of 2018 {2} I have heard the learned counsel for the petitioner and appraised the paper book.

The facts noticed above are not in dispute. Concededly, order dated 14.03.2013 (Annexure P-2) was set aside by the Collector, vide order dated 30.07.2015 (Annexure P-3). Since then more than 2 1⁄2 years were elapsed, no decision has been taken thereon despite remand. However, though no zimni orders have been placed on record to point out the delay in decision.

Be that as it may, present revision petition is disposed of with a direction to respondent no.7 to decide the application under Section 7 of 1961 Act, in accordance with law as expeditiously as possible preferably within a period of 6 months from the date of receipt of certified copy of this order.

(AMIT RAWAL) JUDGE April 30, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.05.03 10:42 I attest to the accuracy and integrity of this document High Court Chandigarh