High Court of Punjab and HaryanaCWP/19115/2016disposed of

Harbhagwan & ANR v. State Of Haryana And ORS

2016-09-16Mr. Justice T.H.B. Chalapathi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No. 19115 of 2016 Date of Decision: 16.9.2016 Harbhagwan and another .....Petitioners Vs.

State of Haryana and others .....Respondents CORAM :HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present :

Mr. Ashok Verma, Advocate for the petitioners.

**** RAMESHWAR SINGH MALIK J. (ORAL) Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioners have approached this Court, by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Mandamus.

Learned counsel for the petitioners submits that against order dated 19.7.2016 passed by the Commissioner, petitioners have already filed their revision petition before the Financial Commissioner, Haryana, on 29.8.2016. He further submits that the said revision petition was listed for hearing on 31.8.2016 but no court was held by the Financial Commissioner and the case was adjourned to 7.9.2016. Again on 7.9.2016, no court was held and the case was adjourned to 28.9.2016. He submits that petitioners are apprehending dispossession. If the petitioners are dispossessed from the land, their revision petition would be rendered infructuous. He also submits that under these circumstances, petitioners deserve indulgence by this Court, Amit Kumar 2016.09.16 18:15 I attest to the accuracy and authenticity of this document at this stage, only to the extent that, till the stay matter is heard and decided

Civil Writ Petition No. 19115 of 2016 by the Financial Commissioner, dispossession of the petitioner may be stayed.

Having heard the learned counsel for the petitioners and without expressing any opinion on the merits of the case, lest it should prejudice the rights of either of the parties, present writ petition is disposed of with a direction to the Financial Commissioner, Haryana, before whom statutory appeal alongwith stay application of the petitioners is pending, to grant preliminary hearing to the petitioners, hear at least the stay matter and decide the same at an early date by passing an appropriate order thereon, strictly in accordance with law. However, till the stay matter is heard and decided by the Financial Commissioner, dispossession of the petitioners shall remain stayed.

With the abovesaid observations made and directions issued, present petition stands disposed of.

16.9.2016 (RAMESHWAR SINGH MALIK) AK Sharma JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Amit Kumar 2016.09.16 18:15 I attest to the accuracy and authenticity of this document