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(2022) Law Today Live Doc. Id. 16870 = 2022(1) L.A.R. 285
Decided on: 30.06.2022
Alongwith
CWP No. 13831 of 2022, Bhupinder Singh and others v. State of Punjab and others
And
CWP No. 13858 of 2022, Pavitar Singh and another v. State of Punjab and others
Present:
Mr. Vikram Singh, Advocate for the petitioner(s).
Constitution of India, Article 226, 227 -- Appeal and stay application pending before Joint Development Commissioner – Non decisioning of – Writ jurisdiction -- Earlier stay application for constructed portion decided – Second application for stay for entire land pending -- In order to avoid any further delay in disposal of the appeal, Court deemed it appropriate to dispose of the writ petitions with a direction to Joint Development Commissioner, Punjab to decide the stay application(s) afresh expeditiously, preferably within a period of 15 days on receiving a certified copy of the order -- Till the time the stay application(s) is decided by respondent No. 2/appellate authority, the status quo shall be maintained.
(Para 7)
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ARVIND SINGH SANGWAN, J. (ORAL) –
1. This common order shall dispose of above noted three writ petitions as they are similar in nature.
2. Prayer in these writ petitions is for issuance of a writ of Mandamus restraining the respondents from dispossessing the petitioners from the land in question during the pendency of the stay application dated 21.06.2022 (Annexure P-7) during the pendency of the appeal.
3. Learned counsel for the petitioners restricts his arguments to the extent that a direction may be issued to appellate authority-respondent No. 2/Joint Development Commissioner, Punjab to decide the stay application(s) afresh with regard to entire land.
4. Learned counsel further submits that under a bona fide mistake, the earlier counsel made a statement that he was making prayer only with regard to constructed portion of the land in dispute and the said relief was granted and thereafter, the petitioners filed CWP No. 12086 of 2022 seeking modification of the order dated 13.05.2022 passed by respondent No. 2 Joint Development Commissioner, Punjab, which was dismissed on 30.05.2022 noticing the fact that since the counsel himself had insisted for grant of stay with regard to the constructed area only, no interfere/modification can be done.
5. Learned counsel further submits that now fresh application(s) in view of the facts and circumstances has been filed seeking stay on the entire land on the ground that the petitioners are entitled to it and it is further submitted that since it is a first appeal, the appellate authority is bound to pass an order on merits with regard to agricultural land.
6. After hearing learned counsel for the petitioners, in order to avoid any further delay in disposal of the appeal, we deem it appropriate to dispose of the present writ petitions with a direction to respondent No. 2/Joint Development Commissioner, Punjab to decide the stay application(s) afresh expeditiously, preferably within a period of 15 days on receiving a certified copy of this order.
7. Till the time the stay application(s) is decided by respondent No. 2/appellate authority, the status quo shall be maintained.
8. A photocopy of this order be placed on the file of other connected cases.
Order accordingly.
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