Writ petitioner challenged a decision allowing passage through his land without hearing. Court directed maintenance of status quo till 12.07.2017, directing the respondent to consider contentions without being influenced by interim protection.
Direction to maintain status quo till 12.07.2017 regarding trees and construction.
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CWP No. 10282 of 2017 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 10282 of 2017 (O&M)
Date of decision: 12.05.2017
Harjit Singh
..... Petitioner
Versus
Director, Land Records, Punjab and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE RAMENDRA JAIN
PRESENT: Mr. Harsh Bunger, Advocate for the petitioner.
RAJESH BINDAL, J.
The grievance of the petitioner is that the Director, Land Records, Punjab, has provided passage to respondent Nos. 5 to 7 from the land of the petitioner without affording opportunity of hearing. Application was filed before him for recalling the order dated 22.02.2017 as even the Field Kanungo, reported that there are trees standing on the area through which the passage is to be carved out besides construction. Though, notice has been issued in the application by the Director for 12.07.2017, however, interim stay has not been granted. As a consequence, the trees may not be uprooted and the construction demolished to provide passage to respondents No. 5 to 7 even during the pendency of the application filed by the petitioner and ultimately, the same may be rendered infructuous.
After hearing learned counsel for the petitioner, in our opinion the present petition can be disposed of, at this stage only with a direction that till 12.07.2017, the parties shall maintain status quo, thereafter, the
Rishu Kataria 2017.05.22 11:49 I attest to the accuracy and authenticity of this document
CWP No. 10282 of 2017 (O&M) -2-
Director, shall consider the contentions raised by the parties with reference to the interim protection to be granted to the petitioner and will pass appropriate order without being influenced by the fact that interim protection has been granted by this Court.
Ordered accordingly.
( RAJESH BINDAL ) JUDGE
May 12, 2017 ( RAMENDRA JAIN ) rishu JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Rishu Kataria 2017.05.22 11:49 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether an interim stay should be extended to maintain status quo pending the disposal of the recall application.
Whether the petitioner should be directed to maintain status quo regarding the carving of a passage on his land.
Harjit Singh
Director, Land Records, Punjab and others
Rajesh Bindal
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
