Gautam Malhotra & ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.26779 of 2015 Date of Decision: December 22, 2015 Gautam Malhotra and others ....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

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

--- Present: Dr.Naresh Kaushik, Advocate, for the petitioners. Ms.Kirti Singh, Deputy Advocate General, Haryana. -.-

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) Notice of motion to respondent Nos.1 to 5 only at this stage.

On our asking, Ms.Kirti Singh, learned Deputy Advocate General, Haryana, accepts notice on their behalf. Let five copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution. In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from respondent Nos.1 to 5 or to serve respondent No.6 at this stage as no order prejudicial to their interest is being passed. Against the judgment and decree dated 17.03.2015 passed by the Collector, Sonepat, at the instance of the Gram Panchayat, the petitioners have filed Statutory Appeals and MOHINDER KUMAR 2015.12.23 12:52 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.26779 of 2015 [2] Revisions alongwith stay application which are pending consideration before the Commissioner-cum-Principal Secretary to Government of Haryana, Department of Revenue. It is averred that no decision has been taken on the stay applications due to which the petitioners are apprehending their dispossession in execution proceedings. For the reasons assigned in the order dated 10.12.2015 in CWP No.25815 of 2015 (Raj Pal versus State of Haryana and others, passed in similar circumstances, the instant writ petition is disposed of with a direction that dispossession of the petitioners shall remain stayed subject to the condition that they will not create any third party rights and shall not alter the nature of the land. The ad-interim stay shall continue till the appeal is decided. The Appellate Authority is further directed to take up the appeal for final disposal either on the date fixed or preferably within one month thereafter.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE December 22, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.12.23 12:52 I attest to the accuracy and authenticity of this document Chandigarh