High Court of Punjab and HaryanaCWP/2964/2017dismissed

Avtar Singh & ANR v. State Of Punjab & ORS

2024-03-11Mr. Justice Rajesh Bhardwaj2 pages

CWP-2964-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2964-2017 Date of Decision: March 11, 2024 Avtar Singh and another ......Petitioners

Versus

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

Present:

Mr.Sunny Singla, Advocate for the petitioners.

Mr.Navneet Singh, Sr.DAG, Punjab.

Mr.Arun Jindal, Advocate for respondents No.4, 13 to 16.

Mr.Rohit Sapehiya, Advocate for Mr.Rai Singh Chauhan, Advocate for respondents No.4, 11, 13 and LRs of respondent No.6. Mr.R.S.Dhaliwal, Advocate for respondent No.17.

........

RAJESH BHARDWAJ, J.(ORAL) Prayer in the present petition is for quashing of impugned order dated 22.06.2016, passed by respondent No.2, Annexure P-5, order dated 18.01.2016, passed by respondent No.3, Annexure P-4, vide which mode of partition has been wrongly sanctioned by respondent No.3 in violation to the order dated 03.12.2012, Annexure P-3, passed by this Hon'ble Court in CWP-14417-2008.

Counsel for the petitioners has fairly submitted that alternative remedy of filing an appeal lies against the impugned order, thus, the petitioners be allowed to withdraw this petition with liberty to avail their MEENU 2024.03.12 10:36 I attest to the accuracy and integrity of this document

CWP-2964-2017 -2remedy of filing an appeal. However, he submits that there is an interim stay in this petition and in the appeal, issue of limitation would be raised. In view of the prayer made by counsel for the petitioners, the present petition is dismissed as withdrawn with liberty to the petitioners to avail the remedy of appeal. However, regarding the limitation period, the appellate authority is directed to take into consideration the period spent by the petitioner in pursuing the present petition. It is also directed that the appellate authority would decide the appeal on merits expeditiously preferably within three months from the date of receipt of copy of this order after hearing both the sides. However, status quo would be maintained till the decision of the appeal.

March 11, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.03.12 10:36 I attest to the accuracy and integrity of this document