High Court of Punjab and HaryanaCWP/15068/2023disposed of

Mohan Lal v. State Of Punjab And Others

2023-07-18Mr. Justice Rajesh Bhardwaj2 pages

CWP-15068-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15068-2023 Date of Decision: July 18, 2023 Mohan Lal ......Petitioner

Versus

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

Present:

Mr.P.S.Khurana, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Instant writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of writ in the nature of mandamus directing the respondent No.2 to decide the appeal, (Annexure P-5) filed by the petitioner under Section 9 of the Punjab Public Premises (Ejectment and Rent Recovery) Act, 1973 and stay application filed alongwith the appeal within a prescribed period as respondents No.4 and 5 are bent upon to take the possession of the land in question from the petitioner in the execution of the impugned order, Annexure P-4/T.

It has been contended by counsel for the petitioner that petitioner has already availed his remedy of filing an appeal alongwith stay application, which is pending before respondent No.2 but the same has not been taken up for so far hearing. He submits that if stay application filed by the petitioner is not heard, he would suffer an irreparable loss as respondent/authorities would implement the impugned order, challenged in the appeal.

MEENU 2023.07.19 12:47 I attest to the accuracy and integrity of this order/judgment

CWP-15068-2023 -2Notice of motion.

On asking of the Court, Ms.Akshita Chauhan, DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State and submits that the appeal was filed on 29.06.2023 but the same has not been taken up for hearing till date.

After hearing counsel for the parties and in the facts and circumstances of the case, the present petition is disposed of with a direction to respondent No.2, i.e. Director-cum-Joint Development Commissioner, to take up the appeal within fifteen days from today and also hear the parties on stay application and decide the same expeditiously as per law. July 18, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.07.19 12:47 I attest to the accuracy and integrity of this order/judgment