Surender Kumar And ANR v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-10940-2021 Date of decision : 15.06.2021 Surender Kumar and another .....Petitioners
VERSUS
State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:
Mr. Vaneet Soni, Advocate for the petitioners.
Mr. Dhruv Sihag, A.A.G., Haryana.
(Presence marked through video conference).
*** ARUN MONGA, J. (ORAL) Grievance of the petitioners is qua inordinate delay in deciding the pending Revision Petition (Annexure P-6) by the Revisional Authority i.e the Commissioner, Hisar Division, Hisar. Revision petition has been filed by them against orders dated 12.06.2020 and 23.04.2021 passed by the Assistant Collector Ist Grade, Uchana and the Collector, Narwana Division, Jind, respectively. Along with the said revision petition, an application for interim stay was also filed by the petitioners, which too, till date has not been disposed of either way. While on one hand the revision petition has been kept pending, on the other petitioners are rendered remediless qua the non-consideration of interim relief sought by them. Notice of motion.
Learned State counsel, on advance service, joins proceedings and accepts notice on behalf of the respondent-State of Haryana. He submits that due to the current pandemic scenario, the government offices are working with restricted staff. Therefore, delays are being caused in taking up the matters in government offices including the quasi-judicial authorities/ Tribunals in the State. He submits that after the recent lockdown, the normal working is slowly resuming and the pending revision petition shall be taken up by the Revisional Authority in due course. After affording opportunity of SHALINI BHATIA 2021.06.16 10:45 I attest to the accuracy and integrity of this document
hearing to the parties, the same is soon likely to be disposed of in accordance with law.
In the peculiar circumstance, without commenting on the merits of the case, the writ petition is disposed of with the expectation that the learned Commissioner, Hisar Division, would take expeditious steps to hold by hearing. It is pointed out that hearing was earlier slated for 15.06.2021 and now the same has been adjourned to 29.06.2021. It is, however, made clear that this order shall not be construed to mean to conduct special hearing for this case alone. In case, the physical hearings have not resumed before the learned Commissioner in normal course he is at liberty to take up the matter as and when the physical hearings resume by observing requisite pandemic precautions.
The learned Commissioner is also at liberty to conduct the hearing through video conference if such a mode has been adopted by the quasi-judicial authorities as is happening in the judicial Courts in view of the current pandemic. Meanwhile, till the disposal of the revision petition and/or the stay application, whichever is earlier, in order to maintain a balance of equities amongst the private parties, the respondent No.5-Assistant Collector Ist Grade-cum-Tehsildar, Tehsil Uchana, Narwana Road, District Jind shall maintain status quo qua the property in question. Disposed of accordingly.
(ARUN MONGA) June 15, 2021 JUDGE gurpreet Whether speaking/reasoned Yes/No Whether reportable Yes/No SHALINI BHATIA 2021.06.16 10:45 I attest to the accuracy and integrity of this document