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(2021) Law Today Live Doc. Id. 15830 = 2021(1) L.A.R. 21
Decided on: 14.01.2021
Present:
Mr. Amandeep Saini, Advocate for the petitioners
Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16, 111 – Constitution of India, Article 226, 227 -- Partition proceedings – Admission of ROR, declining of stay – Writ jurisdiction -- Petitioners refrains from challenging the order declining stay and sought direction to decide the pending ROR on date fixed and till then the AC 1st Grade be restrained from passing any order – Held, prayer is reasonable, FCR directed to decide the ROR on the next date, till then, AC1st Grade restrained from passing any order in the pending partition proceedings.
(Para 1-5)
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SUDHIR MITTAL, J. (ORAL) –
1. The petitioners are aggrieved because vide order dated 02.12.2020, the learned Financial Commissioner has admitted their ROR but has declined their prayer for stay.
2. Learned counsel for the petitioners submits that he refrains from challenging the order declining stay. A direction may only be issued to the Financial Commissioner concerned to decide the pending ROR on 10.03.2021 i.e. the date fixed before him and till then the Assistant Collector 1st Grade be restrained from passing any order.
3. The prayer is reasonable.
4. Mr. Vikas Mehsempuri appearing on Caveat accepts notice on behalf of respondents No.3 and 4 and waives service.
5. The writ petition is disposed of with a direction to respondent No.1 to decide the pending ROR on the next date i.e. 10.03.2021. Till then, Assistant Commissioner 1st Grade Rajpura is restrained from passing any order in the pending partition proceedings.
Order accordingly.
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