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High Court of Punjab and HaryanaCWP/33133/2025disposed of

Amar Nath And Others v. State Of Haryana And Others

2025-11-10Mr. Justice Deepak Sibal,Ms. Justice Lapita Banerji2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP-33133-2025 Date of Decision: 10.11.2025 AMAR NATH AND OTHERS .....PETITIONERS

Versus

STATE OF HARYANA AND OTHERS .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE DEEPAK SIBAL HON'BLE MS. JUSTICE LAPITA BANERJI Present:- Mr. Sukhdeep Singh, Advocate for the petitioners. Mr. Saurabh Mago, DAG, Haryana.

***** DEEPAK SIBAL, J. (Oral) 1.

Through the instant petition, the petitioners challenge the notice dated 04.11.2025 issued to them by the Block Development and Panchayat Officer, Indri, District Karnal seeking therein their eviction from panchayat land of which they were held to be in illegal possession of through the order dated 04.01.2022 passed by the Sub Divisional Officer(C)-cum-Assistant Collector, First Class, Indri (for short-the A.C). 2.

Learned counsel for the petitioners submits that the impugned notice has been issued to execute the order of the A.C. dated 04.01.2022 against which the petitioners have already filed a statutory appeal before respondent No.2-Deputy Commissioner-cum-Collector, Karnal which appeal, since the date of its filing, has only been adjourned. It is submitted that till their appeal is decided, the petitioners may not be dispossessed from the land in question because otherwise, availing of by them of their statutory remedy would be rendered infructuous.

PRINCE SAINI 2025.11.11 05:10 I attest to the accuracy and integrity of this document

CWP-33133-2025 -23.

Learned State counsel states that the aforesaid statutory appeal, filed by the petitioners to challenge therein the order of the A.C. dated 04.01.2022, shall be decided by respondent No.2 within two months. 4.

Finding the afore prayer made on behalf of the petitioners to be reasonable and in the light of the statement made before us by the learned State counsel, the instant petition is disposed of with a direction to respondent No.2 to decide the petitioners' statutory appeal, filed by them to challenge therein the order of the A.C. dated 04.01.2022, within two months from the date of receipt of a certified copy of this order but only after granting adequate opportunity of hearing to all the affected parties and in accordance with law.

5.

Till the petitioners' appeal is finally decided by respondent No.2, their dispossession from the land in question shall remain stayed. 6.

It is clarified that respondent No.2 shall decide the petitioners' afore referred statutory appeal completely uninfluenced by the interim stay granted by us through the instant order.

[DEEPAK SIBAL] JUDGE [LAPITA BANERJI] 10.11.2025 JUDGE Prince Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No PRINCE SAINI 2025.11.11 05:10 I attest to the accuracy and integrity of this document