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Joginder Singh & Anr v. State of Punjab & Ors - CWP-4612-2006  RD-P&H 6591 (6 September 2006)
CWP No.4612 of 2006(O&M)
Date of Decision: 15.09.2006
Joginder Singh and another
State of Punjab and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE PRITAM PAL
Present: Shri Harsh Bunger, Advocate for the petitioners Shri P.S.Chhina, Additional Advocate General, Punjab Shri J.S.Bhandohal, Advocate for respondent No.6 Shri M.L.Saini, advocate for respondent Nos.7 to 9 Jasbir Singh, J. (Oral)
C.M. No.13196 of 2006
Application is allowed, document annexed with it is taken on record as Annexure P/6.
CWP No.4612 of 2006
The petitioners have placed on record the order Annexure P/6, vide which, the Collector, exercising the powers under Section 11 of the Punjab Village Common Lands (Regulations) Act, 1961 (in short the Act), has ordered the sale of the land, in dispute, in favour of respondent No.9.
Concededly, that order is appealable. It is apprehension of counsel for the petitioners that after having lost up to this Court, respondent Nos.6 to 9, on getting the order passed from the Collector, may raise construction over the property, in dispute. To allay this fear of the petitioners, an undertaking has been given by counsel for respondent Nos.6 CWP No.4612 of 2006(O&M) - 2 -
to 9, that till such time appeal is filed and application for stay is decided by the appellate authority, under the Act, they shall not raise any construction over the property, in dispute.
This writ petition is disposed of with liberty to the petitioners to file an appeal against the order Annexure P/6. If any appeal is filed within three weeks from today alongwith an application for stay of operation of order Annexure P/6, respondent Nos.6 to 9 are restrained from raising any construction till that application is decided by the appellate authority. Counsel for respondent Nos.6 to 9 states that they shall not raise any objection regarding limitation, if the appeal is filed within three weeks from today. The appellate authority is directed to decide the stay application within two months from the date of its filing.
( Jasbir Singh )
September 15, 2006 ( Pritam Pal )
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