Kuldeep Singh v. State Of Haryana And Others

CWP-18470-2020 AJAY KUMAR 2021.01.19 11:05

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM-505-CWP-2021 in/& CWP-18470-2020 (O&M) Date of decision : 18.01.2021 Kuldeep Singh ....Petitioner V/s State of Haryana & ors.

....Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Raj Kumar Makkad, Advocate for the petitioner. Mr. Ankur Mittal, Addl. A.G. Haryana.

Mr. Mukesh Kumar Verma, Advocate for respondent no. 4. RAJAN GUPTA J. (ORAL) Case has been heard through Video Conferencing in view of COVID-19 Pandemic.

Present application has been filed to restrain the respondents from dispossessing the petitioner from the suit property. However, with the consent of learned counsel for the parties, main case has been taken for hearing today itself. At the outset, learned counsel appearing for respondent no. 4-Gram Panchayat has pointed out that petitioner has an efficacious and alternative remedy of filing a revision against the order passed by appellate authority. He has not exhausted the same.

In view of above, learned counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to avail the aforesaid remedy. He, however, submits that petitioner may be protected for some time as in case he is dispossessed in the meanwhile, his plea shall be rendered redundant.

CWP-18470-2020 Dismissed as withdrawn with aforesaid liberty. We, thus, order that no coercive steps shall be taken against the petitioner for a period of three weeks from today to enable him to avail the alternative remedy. It is made clear that nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. The revisional authority shall be at liberty to decide the matter as per law and keeping in view facts and circumstances of the case.

(RAJAN GUPTA) JUDGE (KARAMJIT SINGH) JUDGE January 18, 2021 Ajay Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No