Inderjit Bhandari Alias Inderjit Rai Vs Joint Development Commissioner (Ird) and Others — Punjab & Haryana HC (2025) — LawSathi Research

Inderjit Bhandari Alias Inderjit Rai Vs Joint Development Commissioner (Ird) and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.1, Joint Development Commissioner (IRD), Rural Development and Panchayat Department, SAS Nagar to finally dispose of the petitioner's appeal under Section 9 of the 1973 Act within 02 months from receipt of a copy of the order, in accordance with law; status quo as to possession (per the Commissioner's interim order dated 08.01.2020) to be maintained till disposal of the appeal.

Issue for consideration

Whether the writ petition should result in a direction for early/expeditious disposal of the petitioner's appeal pending since November 2019 before the Commissioner under Section 9 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 against the Collector's (respondent No.2) eviction order dated 13.09.2019.

Court's answer

The petitioner's appeal challenging respondent No.2's eviction order had been pending before the Commissioner for about five and a half years, and its disposal had been unnecessarily delayed by the Commissioner.

Ratio / Principle

Because every litigant has a right to speedy disposal of a lis and such a direction prejudices none but serves both parties, the writ petition is disposed of with a direction to respondent No.1, Joint Development Commissioner (IRD), Rural Development and Panchayat Department, SAS Nagar to finally dispose of the petitioner's appeal under Section 9 of the 1973 Act within 02 months from the date of receipt of a copy of the order, in accordance with law.

Key takeaways

Every litigant has a right to a speedy disposal of the lis initiated by him-her/pending against him/her; a direction to adjudicate upon a lis expeditiously prejudices none and is in the interest of both parties.obiter¶18
Until disposal of the petitioner's appeal, status quo with regard to possession over the land in question shall be maintained in terms of the interim order already granted by the Commissioner on 08.01.2020.ratio¶22

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Deepak Sibal, J., oral; bench with Lapita Banerji, J.) disposed of CWP-12446-2025 filed by Inderjit Bhandari @ Inderjit Rai seeking early disposal of his appeal under Section 9 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, pending about five and a half years before the Commissioner against respondent No.2's (Collector's) order dated 13.09.2019, which had allowed respondents No.5 and 6's eviction petition and required the petitioner's eviction from land measuring 10 marlas. Observing that the appeal's disposal had been unnecessarily delayed and that every litigant has a right to speedy disposal of a lis, the Court directed respondent No.1, Joint Development Commissioner (IRD), Rural Development and Panchayat Department, SAS Nagar to finally dispose of the appeal within 02 months from receipt of a copy of the order, in accordance with law, and ordered that status quo as to possession (per the Commissioner's interim order dated 08.01.2020) be maintained till disposal of the appeal.

CWP-12446-2025

106

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-12446-2025 DATE OF DECISION : 03.05.2025

INDERJIT B H ANDARI @ INDERJIT RAI …PETITIONER Versus

JOINT DEVE L OPMENT COMMISSIONER (IRD), AND OTHERS

…RESPONDENTS

CORAM : HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI

Present : M r. Jatinder Singla, Advocate fo r the petitioner.

M r. Amit Kumar Goyal, Addl. A.G., Punjab.

DEEPAK SIBAL, J.(ORAL)

O n 13.07.2018, respondents No. 5 and 6 filed a petition before respondent N o .2 under Sections 5 and 7 of t h e Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1 9 73 (for short the 1973 Act) seeking therei n the eviction of the petitioner from the land measuring 10 marlas which w as duly described in the petition.

O n being put to notice, the petiti o ner contested the petition. 3. Through order dated 13.09.2019, respondent No.2 allowed respondents N o.5 and 6’s petition, requirin g the petitioner to be evicted from the land in question. In November 2019 , the petitioner challenged the order passed b y respondent No.2 dated 13.09.2019 through an appeal filed under Section 9 of the 1973 Act. Along with his appeal, an application for interim stay w as also filed by the petitioner. The Commissioner, who was the Appelalte Authority, issued notice in the p etitioner’s appeal as also his PRINCE SAINI 2025.05.10 02:46 I attest to the accuracy and integrity of this document Page 1 of 3

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CWP-12446-2025

application fo r interim stay. In the meantime, directions were issued to the parties to maintain status quo with regard t o possession over the land in question. The petitioner’s appeal is still sta t ed to be pending before the Commissione r . Through the instant petitio n the petitioner seeks early disposal of hi s appeal.

Learned State counsel who appears on advance notice has no objection to t he acceptance of the afore p r ayer made on behalf of the petitioner see k ing early disposal of the ap p eal filed by him before the Commissione r to challenge therein the order of the Collector dated 13.09.2019.

Learned counsel for the parties h a ve been heard. 6. The petitioner’s appeal, filed by h im to challenge therein order passed by res p ondent No.2, is pending before the Commissioner for the last about five an d half years. Thus, its disposal h a s been unnecessarily delayed by the Commissioner.

I n the light of the above and bec a use every litigant has a right to a speedy disposal of the lis initiated by hi m -her/pending against him/her and that a dir e ction to adjudicate upon a lis expeditiously also prejudices none. Rather, a direction issued to decide a li s pending between the parties at an early st a ge is in the interest of both the parties to the lis, the present writ petition is disposed of with a directi o n to respondent No.1-Joint Development Commissioner (IRD), Rural D evelopment and Panchayat Department, S AS Nagar to finally dispose of the appeal filed by the petitioner und e r Section 9 of the 1973 Act w i thin 02 months from the date of receipt of a copy of this order, in accordanc e with law. PRINCE SAINI 2025.05.10 02:46 I attest to the accuracy and integrity of this document Page 2 of 3

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CWP-12446-2025

Till the disposal of the petitio n er’s appeal, in terms of the interim order already granted by the Commi s sioner on 08.01.2020, status quo with rega r d to possession over the land in question shall be maintained.

(DEEPAK SIBAL) JUDGE

03.05.2025 (LAPITA BANERJI) Prince JUDGE Whether speaking / reasoned : Yes/No Whether reportable : Yes/No

PRINCE SAINI 2025.05.10 02:46 I attest to the accuracy and integrity of this document

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