Petitioner sought restoration of land illegally occupied by respondents. Court found primary claim settled via pending appeal; directed appellate authority to decide within three months.
Direction to Appellate Authority to decide pending appeal within three months.
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C.W.P No.6806 of 2007
1
In the High Court of Punjab and Haryana, Chandigarh.
C.W.P No.6806 of 2007
Date of Decision: 01.12.2008
Gram Panchayat Village Ahmad Dhandi.
....Petitioner.
Versus
State of Punjab and others
....Respondents.
Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Nakul Sharma, Advocate for the petitioner.
Ms. Rita Kohli, Addl. A.G., Punjab for respondents No.1 to 6.
Mr. O.P. Kamboj, Advocate for respondents No.7 to 19.
J.S. Khehar, J. (Oral).
Through the instant writ petition, the petitioner has sought a writ in the nature of mandamus seeking a direction to require the official respondents to restore possession of land measuring 189 Kanals 3 Marlas belonging to the Gram Panchayat, Ahmad Dhandi, allegedly illegally occupied by respondents No.7 to 19.
Learned counsel for respondents No.7 to 19 states, that the application filed by the petitioner on the same cause of action by invoking the remedy available under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961, has since been accepted by the Collector, Ferozepur, who has ordered the eviction of some of respondents No.7 to
C.W.P No.6806 of 2007
2
In view of the aforesaid factual position, learned counsel for respondents No.7 to 19 states, that the instant writ petition has been rendered infructuous.
There can be no doubt about the fact, that the primary claim raised by the petitioner seems to have been settled. An appellate remedy is available to the respondents, which has been availed of by them in accordance with law. There is nothing remiss in the action of the respondents in availing their statutory remedy. Be that as it may, in the peculiar facts and circumstances, we consider it just and appropriate to direct the Appellate Authority that in case appeals have been preferred by one or more of respondents No.7 to 19, a final decision thereon be taken as expeditiously as possible, but certainly within three months from the date of receipt of a certified copy of this order.
Disposed of accordingly.
Order dasti on payment of usual charges.
( Nirmaljit Kaur ) Judge.
01.12.2008 sk.
Gram Panchayat Village Ahmad Dhandi
State of Punjab
J.S. Khehar
Nirmaljit Kaur
As recorded by the court registry
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