This single judge oral order grants a stay on the execution of an eviction order held against the petitioner for occupying village land, pending the decision on his statutory appeal and stay application before the Collector.
Stay on execution of eviction order dated 7.1.2019 until Collector decides stay application.
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.
CWP-8202-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CWP-8202-2019. Decided on: March 28, 2019.
Rakesh
.. Petitioner
VERSUS
State of Haryana and others
.. Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH HON'BLE MR.JUSTICE ARUN KUMAR TYAGI
PRESENT Mr.Vikram Singh, Advocate, for the petitioner.
JASWANT SINGH, J. (ORAL)
The petitioner has been held to be encroacher of village street to the extent of 28' X 7' - 6” , by construction of a portion of his house vide order dated 7.1.2019, ( Annexure P1 ) passed by the Assistant Collector First Grade, Sonipat. Petitioner has filed the statutory appeal under Section 7 (2 ) of the Punjab Village Common Lands (Regulation) Act, 1961, before the Collector Sonipat, ( Annexure P2 ) along with an application for stay ( Annexure P3 ).
It is contended that for one reason or the other no order
1
RAJ KUMAR ARORA 2019.04.02 12:11 I attest to the accuracy and integrity of this document
CWP-8202-2019
has been passed on the pending stay application and the authorities are proceeding to execute the eviction order. The prayer is thus, restricted to the stay of the eviction till the decision on the application for stay appended along with appeal.
After hearing the counsel for the petitioner and keeping in view the settled law, the instant writ petition is disposed of with a direction that the eviction order dated 7.1.2019, (Annexure P1) , shall not be executed till the stay application filed by the petitioner along with appeal is decided by the Collector, Sonipat.
(JASWANT SINGH)
JUDGE
March 28, 2019. (ARUN KUMAR TYAGI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No
2
RAJ KUMAR ARORA 2019.04.02 12:11 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the eviction order passed by the Assistant Collector should be stayed pending the disposal of the statutory appeal and stay application filed by the petitioner before the Collector.
1 provisions across 1 enactments
Rakesh
State of Haryana
Jaswant Singh
Arun Kumar Tyagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
