High Court of Punjab and HaryanaCWP/23673/2015disposed of

Harvinder Singh v. State Of Punjab And ORS

2015-11-04Ms. Justice Navita Singh,Mr Justice Jaswant Singh2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.23673 of 2015 Date of Decision: November 04, 2015 Harvinder Singh ....Petitioner versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

--- Present: Mr.H.K.Brinda, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The short grievance of the petitioner in this writ petition is that though his statutory appeal against the eviction order dated 23.07.2014 is pending before respondent No.2, i.e., the Appellate Authority, in which he has prayed for adinterim stay also but no order on that application was passed and meanwhile, warrants of possession have been issued for execution of eviction order.

We find from the record that the appeal is stated to have been filed on 10.11.2014.

Taking into consideration the totality of circumstances and the fact that the petitioner availed the remedy of appeal under the statute without wastage of time and his dispossession in the interregnum would render the appeal as infructuous, we dispose of this writ petition without expressing any views on merits, with a direction to the parties MOHINDER KUMAR 2015.11.06 12:49 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.23673 of 2015 [2] to maintain status-quo re: possession during the pendency of the above-stated appeal subject to the condition that the Appellate Authority may impose such reasonable terms and conditions on the petitioner within two weeks of receipt of a certified copy of this order, which the Appellate Authority may deem necessary to protect the interest of Gram Panchayat. It would also be appreciated if the Appellate Authority may, without prejudice to the pendency of older appeals, decide the petitioner's appeal expeditiously and preferably within four months.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE November 04, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.11.06 12:49 I attest to the accuracy and authenticity of this document Chandigarh