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(2022) Law Today Live Doc. Id. 17452 = 2023(2) L.A.R. 122
Decided on: 23.12.2022
Present:
Mr. Ravish Bansal, Advocate for the petitioner
Haryana Land Revenue Act, 1887 (XVII of 1887), Section 16 -- Constitution of India, Article 226, 227 -- Mutation -- Long pendency of revision/ Stay – Writ jurisdiction -- Rejection of application for additional evidence by Collector in appeal -- Revision petition filed before the Financial Commissioner on 08.08.2022 but has not been taken up for consideration till date, next date of hearing is 07.02.2023 – Meanwhile, the Collector is due to pass an order on the appeal on 27.12.2022 – Writ petition disposed of with a direction to the Financial Commissioner to take up the pending revision petition on 07.02.2023 alongwith the stay application and till the decision of the stay application the Collector shall not pass the final order.
(Para 1-5)
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SUDHIR MITTAL, J. (ORAL) –
1. It is submitted that an application for leading additional evidence in an appeal filed against an order of mutation was rejected by the Collector against which a revision petition has been filed before the Financial Commissioner. The same was filed on 08.08.2022 but has not been taken up for consideration till date. Next date of hearing is 07.02.2023. Meanwhile, the Collector is due to pass an order on the appeal on 27.12.2022. Thus, it is essential that proceedings before the Collector be stayed.
2. Notice of motion to respondents No. 1 and 2 only.
3. Mr. Gurvinder Singh, AAG Punjab notice on behalf of respondents No. 1 and 2 and waives service.
4. Considering the nature of the order being passed, there is no necessity to file reply.
5. The writ petition is disposed of with a direction to the concerned Financial Commissioner to take up the pending revision petition on 07.02.2023 alongwith the stay application. Till the decision of the stay application the Collector shall not pass the final order.
Order accordingly.
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