Suman v. State Of Haryana And Others

Executive Appeal No.522 of 2024 filed by the petitioner before the learned Divisional Commissioner, Karnal.

2.

Notice of motion.

3.

Ms. Upasana Dhawan, Assistant Advocate General, Haryana and Mr. Manu K. Bhandari, Advocate, who are present in Court, accept notice on behalf of the respondents/State and caveator/respondent No.5, respectively. Caveat stands discharged.

4.

Learned counsel for the respondents do not dispute the fact that in order dated 15.01.2025 (Annexure P-6) passed in Executive Appeal No.522 of 2024, the learned Divisional Commissioner, Karnal has failed to record any reason for vacating the stay which was earlier granted in favour of the petitioner; and submits that to the said extent, order dated 15.01.2025 (Annexure P-6) would be unsustainable. It is further stated that the appeal (Executive Appeal No.522 of 2024) filed by the petitioner is now listed for 30.01.2025 before the learned Divisional Commissioner, Karnal. 4.1 Learned counsel for respondent No.5 submits that he has no objection in case stay order dated 24.10.2024 (Annexure P-3) is extended till the final decision of the aforesaid appeal; however, it is prayed that a time bound direction may be issued to the learned Divisional Commissioner, Karnal to decide the appeal (Executive Appeal No.522 of 2024). 5.

The aforesaid course of action is not disputed by learned counsel for the petitioner as well as by learned State counsel. 6.

Keeping in view the submissions made by learned counsel for the respective parties, order dated 15.01.2025 (Annexure P-6) passed by the learned Divisional Commissioner, Karnal is set aside only to the extent whereby the stay granted to petitioner vide earlier order dated 24.10.2024 (Annexure P-3) has been vacated; and it is directed that order dated

24.10.2024 (Annexure P-3) shall remain in force till the final decision of the appeal (Executive Appeal No.522 of 2024) by the learned Divisional Commissioner, Karnal.

6.1 Further, the learned Divisional Commissioner, Karnal is directed to make earnest endeavour to decide the appeal (Executive Appeal No.522 of 2024) on the date already fixed, i.e. 30.01.2025, and in any case, not beyond a period of four weeks thereafter. 7.

The instant writ petition is disposed of in the aforesaid terms. 8.

All the pending application(s), if any, shall also stand closed.