Manjit Kaur v. D.C. Jalandhar And ORS

CWP-18984-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-18984-2024 Date of Decision: 08.08.2024 Manjit Kaur ....Petitioner

Versus

Deputy Commissioner, Jalandhar and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. H.S. Saggu, Advocate for the petitioner.

*** HARSH BUNGER, J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of Mandamus for directing the respondents not to dispossess the petitioner from Shop No.M-07, M-17 and L-01 situated at Bus Terminal, Jalandhar. 2.

Learned counsel for the petitioner submits that the petitioner has already preferred an appeal under Section 9 of the Punjab Public Premises Act, 1971 against the eviction order dated 15.11.2022, passed against her, however, the stay application along with her appeal is not being considered by the Appellate Authority. It is stated that the matter is now pending before the Appellate Authority for 10.09.2024. 3.

Mr. Navneet Singh, Sr. DAG, Punjab, who has appeared on behalf of respondent/State in this case, pursuant to the advance copy of HIMANI GUPTA 2024.08.09 17:47 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-18984-2024 -2petition having been sent to the State, submits that in all probability, the stay application filed by the petitioner along with her statutory appeal under Section 9 of the Punjab Public Premises Act, 1971 would be considered and decided by the Appellate Authority on the date fixed and in any case within a period of one month thereafter.

4.

At this stage, learned counsel for the petitioner also submits that respondent No.3 has already initiated execution proceedings of order dated 15.11.2022 and the petitioner is in the process of filing an application seeking preponement of the stay application.

5.

In view of the submissions made by learned counsel for the petitioner as well as learned State counsel, the present petition is disposed of. In case, the petitioner files an application seeking preponement of the stay application, the same shall be considered and decided by the Appellate Authority expeditiously.

6.

All pending application(s), if any, shall also stand closed. 08.08.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.08.09 17:47 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh