Dinesh And Others vs State Of Haryana And Others
2023 Latest Caselaw 16321 P&H

                        CWP-20623-2023                                                            -1-
                                                               Neutral Citation No. 2023:PHHC:123618

                        118
                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                             AT CHANDIGARH

                                                        CWP-20623-2023
                                                        Date of Decision: September 20, 2023

                        Dinesh and others                                     ......Petitioners
                                            Versus

                        State of Haryana and others
                                                                               ......Respondents

                        CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

                        Present:     Mr.Nitin Kadian, Advocate for
                                     Mr.Yashveer Kharb, Advocate
                                     for the petitioners.
                                            ........

RAJESH BHARDWAJ, J.(ORAL)

Petitioners have approached this Court praying for issuance of a

writ in the nature of mandamus restraining the contesting respondents from

dispossessing the petitioners at the land in question during pendency of the

appeal with stay application, dated 10.08.2023, Annexure P-4, till the

decision of the stay application/appeal, as the stay application has not been

heard. It is further prayed to stay the operation of the orders of Naksha Bay,

Naksha Zim and Sanand Taksim, dated 26.05.2023, 12.06.2023 and

20.06.2023, Annexures P-1 to P-3.

It has been contended by counsel for the petitioners that appeal

alongwith the stay application was filed by the petitioners in the month of

August, 2023, however the same is not being heard and the

respondent/authorities are taking action to dispossess the petitioners.

Notice of motion to official respondents only at this stage.

On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana , MEENU 2023.09.21 09:42 I attest to the accuracy and integrity of this order/judgment

Neutral Citation No. 2023:PHHC:123618

who is present in Court, accepts notice on behalf of the respondents/State

and at the outset submits that appeal is fixed before the Divisional

Commissioner, i.e. respondent No.2 (wrongly mentioned as Deputy

Commissioner/Collector, District Karnal, in the memo of parties), for

19.10.2023.

In view of the above statement made by learned State counsel,

the present petition is disposed of with a direction to respondent No.2,

Divisional Commissioner, District Karnal, to take up the matter on

19.10.2023 and hear the stay application filed by the petitioners on that day

and decide the same expeditiously in accordance with law.

                        September 20, 2023                          ( RAJESH BHARDWAJ )
                        meenuss                                            JUDGE

                        1.     Whether speaking/reasoned ?          Yes/No
                        2.     Whether reportable ?                 Yes/No




MEENU
2023.09.21 09:42
I attest to the accuracy and
integrity of this
order/judgment