Anil Kumar And Others v. State Of Haryana And Others

CWP-22894-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-22894-2024 Date of Decision: 10.09.2024 Anil Kumar and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Vikram Singh, Advocate for the petitioners.

*** HARSH BUNGER, J. (Oral) The present petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking a writ in the nature of Mandamus/Prohibition for staying the operation of the proceedings dated 26.07.2024 (Annexure P-1), passed by respondents No.3 and 4 during the pendency of appeal filed by petitioners before respondent No.1-Additional Chief Secretary and Financial Commissioner, Rural Development and Panchayat Department, Haryana.

2.

Learned counsel for the petitioners submits that in pursuance of order dated 20.08.2024, passed in CWP-19977-2024, the petitioners have submitted an appeal under Section 159 of the Haryana Panchayati Raj Act, 1994, before the Additional Chief Secretary to the Government of Haryana-cum-Financial Commissioner Rural Development and Panchayat Department, however, neither the said appeal nor the stay application filed by the petitioners herein is being considered. 3.

Notice of motion.

HIMANI GUPTA 2024.09.11 16:06 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-22894-2024 -24.

Ms. Upasana Dhawan, AAG, Haryana, who is present in the Court, accepts notice on behalf of the respondent/State and on instructions from Mr. Amit Kumar, Reader, submits that in fact the aforesaid appeal (Annexure P-5) filed by the petitioners herein is fixed for hearing on 15.10.2024.

5.

In view of the aforesaid submission made by learned State counsel, learned counsel for the petitioners submits that since the matter has been fixed for a long date i.e. 15.10.2024 and the petitioner has also made a prayer for stay in the aforesaid appeal filed under Section 159 (Annexure P-5), accordingly, he would be filing an application seeking preponement of the date of hearing in the said appeal and prays that appropriate directions be issued that the said application for stay be considered at the earliest. 6.

At this stage, learned State counsel submits that in case, any such application for preponement is filed by the petitioners, the same would be considered at the earliest and not later than 10 days from the date of filing of such application.

7.

In view of the statement made by learned State counsel, learned counsel for the petitioners submits that he does not press the instant petition any further.

8.

In view of the aforesaid submissions made by the respective counsel, the petition is disposed of, accordingly. 9.

All pending application(s), if any, shall also stand closed. 10.09.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.09.11 16:06 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh