Sukhwinder Singh vs State Of Punjab And Others
2023 Latest Caselaw 20451 P&H

Punjab-Haryana High Court

Sukhwinder Singh vs State Of Punjab And Others on 24 November, 2023

Bench: Sureshwar Thakur, Sudeepti Sharma

                                                      Neutral Citation No:=2023:PHHC:149959-DB




CWP-26389-2023                            -1-         2023:PHHC:149959-DB



            IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH.
103
                                                CWP-26389-2023
                                                Date of decision: 24.11.2023


SUKHWINDER SINGH                                                   .....Petitioner

                                  Versus

STATE OF PUNJAB AND OTHERS                                     .....Respondents


CORAM:      HON'BLE MR. JUSTICE SURESHWAR THAKUR
            HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present :   Mr. Ajay Pal Singh Rehan, Advocate
            for the petitioner.

            Mr. Maninder Singh, DAG, Punjab.

                          ****

SURESHWAR THAKUR, J. (ORAL)

1. The Gram Panchayat Village Mattam, Tehsil Dinanagar,

District Gurdaspur, succeeded in obtaining a decree of eviction against

the respondents thereins. The said decree was made on 18.11.2012,

whereby the judgment debtors concerned, petitioners before this Court,

were ordered to be evicted from the revenue rasta concerned, as they

had made encroachments thereons.

2. A reading of the verdict (Annexure P-4), as became

rendered by the Collector concerned, does not disclose that, rather

before him became placed any validly drawn demarcation report,

whereby any conclusion could be recorded, that the judgment debtors

concerned, did as such, make any encroachments upon the gair mumkin

rasta, or the revenue rasta concerned.

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3. Annexure P-4 became appealed by the aggrieved before

the Appellate Authority concerned and during the pendency of the said

appeal an application was filed whereby the aggrieved claimed the

making of an order of status quo till a decision is made upon the said

statutory appeal.

4. Though initially the Appellate Authority directed the

parties to maintain status quo in respect of the disputed lands, but

subsequently, through the impugned Annexure P-8, the said previously

made order of status quo became vacated. It is stated by the learned

counsel for the aggrieved-petitioner, that the statutory appeal, is listed

today for arguments.

5. In view of the above made intimation to this Court, the

Appellate Authority concerned, is directed to within a week make a

decision upon appeal No. 1227 of 2022 and till the making of the said

appeal, he is directed to ensure that the status quo as existing of today

in respect of the disputed lands is not disturbed.

6. Disposed of.

(SURESHWAR THAKUR) JUDGE

(SUDEEPTI SHARMA) 24.11.2023 JUDGE kavneet singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:149959-DB

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