A writ petition for eviction of the petitioner was disposed of as infructuous because the underlying appeal on merits was decided by the appellate authority, directing consideration of land exchange.
The writ petition is disposed of as infructuous.
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CWP-24726-2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CWP-24726-2018. Decided on: April 1, 2019.
Mani Ram
.. Petitioner
VERSUS
State of Punjab and others
.. Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH HON'BLE MR.JUSTICE ARUN KUMAR TYAGI
PRESENT Mr.Parminder Singh Kanwar, Advocate, for the petitioner.
Ms.Anu Pal, D.A.G. Punjab. Mr.V.K.Sandhir, Advocate, for respondent No.4.
JASWANT SINGH, J. (ORAL)
The petitioner was ordered to be evicted from 8 marlas of land comprising in Khasra No.126 in Hadbast No.181, village Apra, Tehsil Phillaur, Distict Jalandhar, being an unauthorised occupant of Panchayat land vide order dated 18.6.2018, passed by the DDPO-cum-Collector, Jalandhar. The petitioner filed an appeal under Section 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961, along with an application
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RAJ KUMAR ARORA 2019.04.02 12:11 I attest to the accuracy and integrity of this document
CWP-24726-2018
for stay of the eviction order before the Director Rural Development and Panchayat Officer.
Since the application for stay was dismissed vide order dated 20.7.2018 (Annexure P6), during pendency of the appeal, the petitioner was constrained to move this Court.
This Court vide order dated 27.9.2018, while issuing notice of motion stayed the dispossession of the petitioner as an interim measure.
At the time of hearing, counsel for the parties agree that the instant writ petition has become infructuous as the order dated 20.7.2018 (Annexure P6), stands merged with the order dated 7.12.2018, passed by the appellate authority whereby the appeal of the petitioner against the eviction order stands disposed of with a direction to the Panchayat to consider the proportionate exchange of land.
In view of aforesaid developments, the instant writ petition is disposed of as having rendered infructuous.
(JASWANT SINGH) JUDGE
April 1, 2019. (ARUN KUMAR TYAGI) raj arora JUDGE
Whether speaking / reasoned Yes / No Whether reportable Yes / No
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RAJ KUMAR ARORA 2019.04.02 12:11 I attest to the accuracy and integrity of this document
Mani Ram
State of Punjab
Jaswant Singh
Arun Kumar Tyagi
As recorded by the court registry
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