This Single Writ Bench of Punjab & Haryana High Court, while challenging a Joint Development Commissioner's order, directed that status quo regarding possession be maintained till the appeal is decided, preventing dispossession.
Status quo regarding possession maintained till the appeal is decided by the Appellate Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.19261 of 2015 Date of Decision: September 11, 2015
Bahadur Singh
.....Petitioner
versus
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE JASPAL SINGH.
Present: Mr.H.K.Brinda, Advocate, for the petitioner.
Ms.Naiya Gill, Advocate, for caveator-respondent No.4
-.-
Surya Kant, J. (Oral)
Notice of motion.
Ms.Naiya Gill, Advocate is on caveat on behalf of the Gram Panchayat-respondent No.4.
In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage.
The challenge in the instant writ petition is to the order dated 20.08.2015 passed by the Joint Development Commissioner (IRD), Punjab-cum-Appellate Authority under the Punjab Village Common Lands (Regulation) Act, 1961, whereby stay has been declined to the petitioner and the main appeal has been ordered to be listed for hearing on 17.09.2015.
MOHINDER KUMAR 2015.09.15 12:02 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.19261 of 2015
[2]
Since warrants of possession have been issued and in case the petitioner is dispossessed, the appeal will render infructuous, we direct that status-quo re: possession shall be maintained till the appeal is decided by the Appellate Authority. It is further directed that the records of the lower court be requisitioned on the date fixed and thereafter let the appeal be decided within a period of two months.
Ordered accordingly.
Dasti.
MOHINDER KUMAR 2015.09.15 12:02 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether a status-quo on possession must be maintained while an appeal against the declination of stay remains pending?
Bahadur Singh
State of Punjab
Gram Panchayat
Surya Kant
Jaspal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
