High Court of Punjab and Haryana, Chandigarh
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Gurmej Singh @ Gurmail Singh and Anrs v. Joint Development Commissioner(IRD) Pb. - CWP-2118-2006  RD-P&H 9652 (31 October 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.2118 of 2006 (O&M)
Date of decision:November 07, 2006
Gurmej Singh @ Gurmail Singh and Anrs .........Petitioners Versus
Joint Development Commissioner(IRD) Pb. & Ors............Respondents
CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON'BLE MRS. JUSTICE NIRMAL YADAV
Present: Mr. Harsh Bunger, Advocate
for the petitioners
Mr. C.M. Munjal, Sr. Addl. A.G. Pb.
for the State
Mr. P.C.Suman, Advocate
for respondent No.4
ASHUTOSH MOHUNTA, J (Oral)
The case of the petitioners is that they had filed an appeal under Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961 before the Joint Development Commissioner (IRD) (Exercising the powers of Commissioner) - respondent No.1, wherein ownership over the suit land was claimed. The Joint Development Commissioner has declined to grant stay for want of record, vide order dated 14.12.2005 ( Annexure P-6).
Learned counsel for the petitioners contends that the petitioners are owner in possession over the land in dispute since long. However, this fact has been denied by the counsel for the Gram Panchayat. Be that as it may, as the appeal filed by the petitioners is pending before the Joint Development C.W.P. No.2118 of 2006 (O&M) 2
Commissioner, therefore, it would be in the fitness of things if the parties maintain status quo regarding possession during the pendency of the appeal before the Joint Development Commissioner.
The writ petition is accordingly disposed of.
The Joint Development Commissioner is directed to decide the appeal, filed by the petitioners expeditiously, preferably within three months from the date of receipt of a certified copy of this order.
( ASHUTOSH MOHUNTA)
( NIRMAL YADAV)
November 07, 2006
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