Bhag Singh vs State Of Punjab And Others
2023 Latest Caselaw 12369 P&H

                                                         Neutral Citation No:=2023:PHHC:102179




CWP-82-2023                             -1-                 2023:PHHC:102179


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(254)
                                 CWP-82-2023
                                 Date of decision: - 08.08.2023
Bhag Singh
                                                                   ....Petitioner
                                   Versus

State of Punjab and others
                                                                .....Respondents


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. S.S. Kamboj, Advocate, for the petitioner.

              Mr. Rohit Bansal, Sr. DAG, Punjab
              for respondents No.1 and 2.

              Mr. Gopal Sharma, Advocate
              for respondent No.3.

                   ****
VIKAS BAHL, J. (ORAL)

1. This writ petition has been filed under Articles 226/227 of

the Constitution of India for issuance of an appropriate writ, order or

direction especially in the nature of certiorari for setting aside the

impugned order dated 17.11.2022 (Annexure P-6) passed by the

Maintenance Tribunal-cum-SDM Mohali (under the Maintenance and

Welfare of Parents and Senior Citizen Act, 2007), whereby the transfer

deed dated 20.06.2012 (Annexure P-1) executed by respondent No.3 in

favour of petitioner and his brother has been ordered to be set aside and

ordered to be transferred in favour of respondent No.3.

2. On 07.08.2023, this Court was pleased to pass the following

order: -

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Neutral Citation No:=2023:PHHC:102179

CWP-82-2023 -2- 2023:PHHC:102179

"Learned State Counsel as well as learned counsel for respondent No.3 have submitted that in view of judgment passed by the Hon'ble Division Bench of this Court in Paramjit Kumar Saroya Vs. Union of India and another, reported as 2016(3) RCR (Civil) 146, an appeal against the impugned order is maintainable.

Learned counsel for the petitioner prays for a short adjournment to get instructions in the matter.

Adjourned to 08.08.2023.

To be taken up at 11:30 am.

                                                        (VIKAS BAHL)
      07.08.2023                                          JUDGE
      naresh.k"

3. Learned counsel for the petitioner, in view of the above,

seeks to withdraw the present writ petition with liberty to file a statutory

appeal before the appellate authority. It is prayed that since the petitioner

was pursuing the present remedy, therefore, in case the petitioner files the

statutory appeal within a period of 30 days from today, then, the appellate

authority be directed not to dismiss the said appeal solely on the ground

of limitation.

4. In view of the above, the present writ petition is dismissed as

withdrawn, with the aforesaid liberty.

5. In case the petitioner files any such appeal within a period of

30 days from today, then, the appellate authority would not dismiss the

said appeal solely on the ground of limitation.

                                                           ( VIKAS BAHL )
August 08, 2023                                                JUDGE
naresh.k

             Whether reasoned/speaking?                Yes/No
             Whether reportable?                       Yes/No

Neutral Citation No:=2023:PHHC:102179

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