High Court of Punjab and HaryanaCWP/16427/2020disposed of

Rvk Foods And Entertainment Llp v. State Of Haryana And Others

2020-10-07Mr. Justice Amol Rattan Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 115) CWP no.16427 of 2020 Date of Decision: 07.10.2020 RVK Foods and Entertainment LLP

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Vikram Sheoran, Advocate, for the petitioners. *** Amol Rattan Singh, J. (Oral) All the cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the Covid-19 pandemic.

By this petition, filed under the provisions of Articles 226/227 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of mandamus, directing respondent no.3 to decide the appeal and application for stay and desealing of the premises dated 15.06.2020 (Annexure P-3), which is pending for 08.10.2020. Learned counsel for the petitioner submits that despite an application seeking a stay on the order/notice dated 15.01.2020 (copy Anenxure P-2), the respondents are in the process of evicting the petitioners/demolishing the construction in question. He submits that the petitioner at this stage would be satisfied if a direction is issued to the respondents to decide its application, if not the appeal itself, within a specified period of time, before which the demolition/eviction be not effected.

That being so, without making any comment on the actual NITIN 2020.10.07 18:21 I attest to the accuracy and integrity of this document

115) CWP no.16427 of 2020 -2merits of the case, this petition is disposed of with a direction to the Divisional Commissioner, Karnal (respondent no.3), to take a decision on the application of the petitioner seeking a stay on the eviction/demolition in question, within a period of one month from today and till such decision is not taken, the petitioner be not evicted and the property in question be not demolished.

07.10.2020 (AMOL RATTAN SINGH) vcgarg JUDGE Whether reasoned/speaking: Yes Whether reportable:

No NITIN 2020.10.07 18:21 I attest to the accuracy and integrity of this document