High Court of Punjab and HaryanaCWP/10897/2021disposed of

Raghunath And Another v. The State Of Haryana And Others

2021-06-29Mr. Justice Augustine George Masih,Mr. Justice Ashok Kumar Verma2 pages

CWP-10897-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-10897-2021 Date of decision: 29.06.2021 (PROCEEDINGS THROUGH V.C.) Raghunath and another ..... Petitioners

Versus

State of Haryana and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE ASHOK KUMAR VERMA PRESENT: Mr. Arav Gupta, Advocate for the petitioners. AUGUSTINE GEORGE MASIH, J. (ORAL) Petitioners have approached this Court with a grievance that the appeal which has been preferred by the petitioners against the order dated 31.12.2020 (Annexure P-4) passed by the Assistant Collector Ist Grade, Bahadurgarh, District Jhajjar, Haryana is not being taken up despite being filed on 29.01.2021.

What has been asserted by learned counsel for the petitioners is that efforts are being made by the respondents to dispossess the petitioners and if, the same happens, the very purpose of filing the appeal would be rendered infructuous. He, therefore, contends that either the appeal may be heard by the Appellate Authority i.e. the Collector, Jhajjar-respondent No. 4 or at least their application for stay may be RISHU KATARIA 2021.06.30 10:41 I attest to the accuracy and integrity of this document

CWP-10897-2021 -2decided on 03.08.2021, which is the tentative date given by the office of respondent No. 4 for consideration of the appeal. Prayer made by learned counsel for the petitioners appears to be justified.

On the asking of Court, Ms. Tanisha Peshawaria, DAG, Punjab, accepts notice on behalf of respondents No. 1 to 5. Without going into the merits of the case or commenting thereon, the present writ petition is disposed of with a direction to respondent No. 4-Collector, Jhajjar, to consider the application for stay as well as the appeal which has been preferred by the petitioners preferably on 03.08.2021 and take a decision on the same. In case, the appeal is not likely to be decided on the said date, efforts be made to at least decide the application for stay.

Till the decision is taken on the application for stay, statusquo with regard to possession as it exists today shall be maintained. ( AUGUSTINE GEORGE MASIH ) JUDGE June 29, 2021 ( ASHOK KUMAR VERMA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2021.06.30 10:41 I attest to the accuracy and integrity of this document