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2018 Supreme(P&H) 1595

DAYA CHAUDHARY
Kashmir Singh Sarpanch – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. Baldev S. Sidhu, Advocate

JUDGMENT :

DAYA CHAUDHARY, J.

1. The prayer in the present petition is for quashing of order dated 15.3.2018, whereby, an application for interim stay has been dismissed by respondent No.2, whereas, the appeal is still pending.

2. Learned counsel for the petitioner contends that under the similar circumstances, Surjan Singh Sarpanch and Jasbir Kaur Panch have approached this Court by way of filing C.W.P. Nos. 6551 of 2018 and 6539 of 2018, respectively, which were disposed of with a direction to respondent No.1 to decide the pending appeal. Learned counsel further contends that the petitioner would be satisfied in case similar directions are issued by this Court in the case of petitioner as well.

3. Heard the arguments advanced by learned counsel for the petitioner and have also gone through the impugned order.

4. Admittedly, the appeal is pending and only an application for interim stay has been decided. In absence of decision of the appeal, the decision on the application for interim stay is going to frustrate the purpose of filing the appeal.

5. Accordingly, the present petition is disposed of with a direction to respondent No.1 to decide the pending appeal of the petitioner on the da


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