Sanjeev Kumar v. State Of Haryana And Others


 

THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10590 of 2024 Date of Decision: 07.05.2024 Sanjeev Kumar ..... Petitioner

Versus

State of Haryana and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Vikram Singh, Advocate for the petitioner.

*** RAJESH BHARDWAJ, J. (ORAL) 1.

Present writ petition has been filed for staying the operation and implementation of order dated 01.03.2024 (Annexure P-2) and order dated 14.03.2023 (Annexure P-1) during the pendency of the revision petition with stay application dated 10.04.2024 (Annexure P-3) till the decision of the stay application/revision petition as the matter has been adjourned for 15.05.2024 without hearing the stay application whereas the matter is of urgent nature as the ld. Executing Court has issued the warrants of possession dated 01.04.2024 and if the private respondents are succeeded in their illegal design then the petitioner and others will suffer an irreparable loss and injury.

2.

Learned counsel for the petitioner has submitted that the petitioner has filed the revision petition along with stay application before respondent No.2. However, the same has not been decided till RITTU 2024.05.08 11:23 I attest to the accuracy and integrity of this document

CWP No.10590 of 2024 -2- 2024:PHHC:063088 date. He submits that even the stay application is also pending till date. He further submits that warrants of possession has already been issued. 3.

Notice of motion to the official respondents at this stage. 4.

On asking of the Court, Ms. Upasna Dhawan, AAG, Haryana appears and accepts notice on behalf of respondents No.1 to 4State. She, however on instructions has submitted that the revision petition filed by the petitioner along with the stay application is fixed for hearing on 15.05.2024 and the same would be heard on the date fixed. 5.

On hearing learned counsel for the parties and perusing the record, it is apparent that the revision petition along with stay application filed by the petitioner is fixed for consideration on 15.05.2024 before respondent No.2.

6.

In view of the facts and circumstances of the case, the present petition is disposed of with a direction to respondent No.2Commissioner, Ambala Division, Ambala to take up the revision petition filed by the petitioner along with the stay application on the date fixed i.e. 15.05.2024 and hear the parties on stay application and decide the same on the date already fixed i.e. 15.05.2024 in accordance with law. 7.

Till then, no coercive action shall be taken against the petitioner.

(RAJESH BHARDWAJ) JUDGE 07.05.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.05.08 11:23 I attest to the accuracy and integrity of this document