Satinder Pal Singh And Others v. State Of Punjab And Others

CWP No. 12626 of 2023 -12023:PHHC:079954-DB In the High Court of Punjab and Haryana at Chandigarh (119) CWP No. 12626 of 2023 Date of Decision: 01.6.2023 Satinder Pal Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Sandeep Kumar, Advocate for the petitioners. **** SURESHWAR THAKUR , J. (ORAL) 1.

By filing the instant writ petition under Articles 226/227 of the Constitution of India, the petitioners herein, have shown an apprehension for theirs being dis-possessed from the disputed land, rather on the strength of an order passed on 16.12.2021, on the petition, appended as Annexure P-3, to the instant petition, thus by the learned District Development and Panchayat Officer-cum-Collector Kapurthala, in a petition cast under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, whereby the petitioners-respondents therein, were found to be in unauthorized possession of the petition lands, therefore, order of eviction was made against them, by the authority concerned.

2.

The learned counsel for the petitioners submits, that the petitioners herein have filed the statutory appeal, appended as Annexure P-4 in all the writ petitions (supra), before the Appellate Authority concerned, against the order (supra), and the same is pending before the learned Appellate Authority concerned. In case the petitioners are dis-possessed from the disputed lands, the whole purpose for filing the statutory appeal would be rendered infructuous. 3.

He further submits that application for interim relief has also been preferred alongwith the appeal (supra) and respondent No. 2 be directed to GURPREET SINGH 2023.06.01 17:26 I attest to the accuracy and authenticity of this order/judgement decide the said application, and, till that time the operation of the impugned

CWP No. 12626 of 2023 -22023:PHHC:079954-DB order dated 16.12.2021 (Annexure P-3) be stayed. 4.

Notice of motion to respondents No. 1 to 3 only at this stage. 5.

Ms. Deepali Puri, Addl. A.G., Punjab accepts notice on behalf of respondents No. 1 to 3 and has not disputed the factum of filing the appeal (supra). She very fairly submits, that as of today, the parties may be directed to maintain status-quo during the pendency of the appeal, and, respondent No.2Joint Development Commissioner (Exercising the powers of Commissioner), Punjab, SAS Nagar, Mohali, be directed to decide the pending appeal (supra) in a time bound manner.

6.

Since the matter is pending before the statutory Appellate Authority concerned, therefore, it would not be appropriate for this Court to express any opinion on the merits of the case. 7.

Considering the above factual aspects, it would be appropriate to issue a direction to the statutory Appellate Authority concerned, to decide the statutory appeal (supra) within a period of three months from the date of receipt of a certified copy of this order, after affording due opportunity of hearing to all the concerned, by passing a speaking order.

8.

Disposed of accordingly.

9.

In the meanwhile, the parties are directed to maintain status quo regarding possession till the decision is made, upon the statutory appeal (supra) by the learned Appellate Authority concerned. (SURESHWAR THAKUR) JUDGE (KULDEEP TIWARI) JUDGE June 01, 2023 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2023.06.01 17:26 I attest to the accuracy and authenticity of this order/judgement