High Court of Punjab and HaryanaCWP/25300/2015disposed of

Gurudwara Parbhandhak Committee v. State Of Punjab And ORS

2015-12-04Ms. Justice Navita Singh,Mr Justice Jaswant Singh2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.25300 of 2015 Date of Decision: December 04, 2015 Gurudwara Parbhandak Committee, Village Saidpur Patti. ....Petitioner versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

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

--- Present: Mr.S.L.Chander Shekhar, 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) One of the grievance of the petitioner-Committee is that its appeal under Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961, has been decided by the Director, Rural Development and Panchayats, Punjab, behind the back of the petitioner and without hearing it. It does appear that the appellate order dated 05.10.2015 has been passed after hearing counsel for the Gram Panchayat only. If the plea taken by the petitioner is substantiated by record, it appears to us that the petitioner will be well within its right to move an application before the Appellate Authority explaining the cause of its nonappearance. We are quite sure that the Appellate Authority shall, in the interest of justice, consider the petitioner's application sympathetically and if satisfied with the reasons of MOHINDER KUMAR 2015.12.05 12:46 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.25300 of 2015 [2] non-appearance, will re-hear the appeal and shall decide the same in accordance with law.

Subject to the condition that the petitioner shall move the above-stated application within a week from today, status-quo re: possession shall be maintained till that application is decided.

The writ petition stands disposed of accordingly. Dasti.

[SURYA KANT] JUDGE December 04, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.12.05 12:46 I attest to the accuracy and authenticity of this document Chandigarh