High Court of Punjab and HaryanaCWP/20623/2023disposed of

Dinesh And Others v. State Of Haryana And Others

2023-09-20Mr. Justice Rajesh Bhardwaj2 pages

CWP-20623-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20623-2023 Date of Decision: September 20, 2023 Dinesh and others ......Petitioners

Versus

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

Present:

Mr.Nitin Kadian, Advocate for Mr.Yashveer Kharb, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioners have approached this Court praying for issuance of a writ in the nature of mandamus restraining the contesting respondents from dispossessing the petitioners at the land in question during pendency of the appeal with stay application, dated 10.08.2023, Annexure P-4, till the decision of the stay application/appeal, as the stay application has not been heard. It is further prayed to stay the operation of the orders of Naksha Bay, Naksha Zim and Sanand Taksim, dated 26.05.2023, 12.06.2023 and 20.06.2023, Annexures P-1 to P-3.

It has been contended by counsel for the petitioners that appeal alongwith the stay application was filed by the petitioners in the month of August, 2023, however the same is not being heard and the respondent/authorities are taking action to dispossess the petitioners. Notice of motion to official respondents only at this stage. On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana, MEENU 2023.09.21 09:42 I attest to the accuracy and integrity of this order/judgment

CWP-20623-2023 -2who is present in Court, accepts notice on behalf of the respondents/State and at the outset submits that appeal is fixed before the Divisional Commissioner, i.e. respondent No.2 (wrongly mentioned as Deputy Commissioner/Collector, District Karnal, in the memo of parties), for 19.10.2023.

In view of the above statement made by learned State counsel, the present petition is disposed of with a direction to respondent No.2, Divisional Commissioner, District Karnal, to take up the matter on 19.10.2023 and hear the stay application filed by the petitioners on that day and decide the same expeditiously in accordance with law. September 20, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.09.21 09:42 I attest to the accuracy and integrity of this order/judgment