IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ajay Tewari, Rajesh Bhardwaj, JJ.
Mahinder Kaur & Ors. - Appellants
Versus
State Of Haryana & Ors. - Respondents
CWP No.592 of 2021 (O&M)
Decided On : 11-01-2021
Stay Application - Punjab Village Common Lands Act - The court directed a stay regarding possession until the stay application is taken up and decided by the Financial Commissioner.
Fact of the Case:
The petitioners filed a Revision Petition under Section 13AA of the Punjab Village Common Lands Act before the Financial Commissioner. The stay application could not be taken up due to COVID-19, and the execution filed by the Gram Panchayat is being taken up.
Finding of the Court:
The court directed that there shall be a stay regarding possession until the stay application is taken up and decided by the Financial Commissioner.
Issues: Stay application due to COVID-19 delay
Ratio Decidendi: The fair request for maintaining status quo until the stay application is decided influenced the court's decision.
Final Decision: The petition stands disposed of with a direction for stay regarding possession until the stay application is taken up and decided by the Financial Commissioner.
JUDGMENT
Ajay Tewari, J. (Oral). - This petition has been filed claiming that the petitioners had filed a Revision Petition (ROR) No.137 of 2018 under Section 13AA of the Punjab Village Common Lands Act before the Financial Commissioner which was listed on 20.02.2019 but despite the passage of so much time the stay application could not be taken up due to COVID-19 and in the meantime the execution filed by the Gram Panchayat is being taken up.
2. Notice of motion to State at this stage.
3. Mr. Vivek Saini, Addl. A.G, Haryana accepts notice on behalf of the respondents-State and states that as per the petition the case is now fixed for 03.03.2021 and he assured the Court that the concerned Financial Commissioner shall take up the matter for stay on the date fixed.
4. Counsel for the petitioners states that she would be satisfied but prays that till such time as the stay application is taken up and decided status quo be maintained.
5. We find this to be a fair request. It is directed that till the time the stay application is taken up and decided by the Financial Commissioner there shall be stay regarding possession.
6. Petition stands disposed of in the above terms. Since the main case has been decided, the pending Civil Misc. Application, if any, also stands disposed of.
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