Back
2023 Supreme(P&H) 2192
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Harchand Singh & Ors. – Petitioners
Versus
Joint Development Commissioner Punjab & Ors. – Respondents
CWP NO. 21633 of 2016
Decided On : 22-05-2023
Subject
Property Law - Land Eviction
Act Referred
Headnote
(B) Legal status of concurrent verdicts - The dismissal of the title suit and subsequent appeal renders the current petition infructuous, thus affirming the action taken by the respondent. (Paras 2-4)
Facts of the case:
The petitioners sought to challenge an order that vacated status quo regarding their eviction after previous dismissals in a title suit and appeal, with the new petition arising from the eviction proceedings initiated by the Gram Panchayat under the Act of 1961.
Findings of Court:
The court found that the prior dismissals rendered the petition moot, necessitating its dismissal as infructuous.
Issues: Whether the vacation of the status quo in eviction proceedings was valid in light of the prior concurrent judgment dismissing the title suit.
Ratio Decidendi: The court determined that the concurrent dismissal of the title suit by the appellate authority led to the present writ petition being rendered infructuous, thereby negating the need for further orders.
Result: Petition dismissed.
Ms. Naiya Gill, Advocate; For the Petitioners
Mr. Maninder Singh, DAG, Punjab.
| Table of Content |
|---|
| 1. validity of status quo order challenged (Para 1 , 2) |
| 2. challenge to concurrent verdicts of dismissal (Para 3) |
| 3. current petition rendered infructuous (Para 4) |
| 4. petition dismissed in light of prior orders (Para 5) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
Through the instant writ petition, the petitioners have challenged the validity of order dated 01.09.2016 (Annexure P-8), drawn by the respondent No.1, whereby, the status quo order dated 25.02.2016, passed in Appeal No.202/2015, as preferred by the petitioners against the order made on 26.06.2015 (Annexure P-5), has been ordered to be vacated.
2. The petitioners have raised the challenge (supra), on the premise, that a title suit qua the petition land(s), under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), as filed before the learned Collector concerned, was dismissed vide order dated 27.09.2012, and, the appeal preferred there against, was also dismissed by the learned statutory appellate authority, on 19.02.2015. However, during the pendency of the title suit (supra), the Gram Panchayat concerned, instituted a petition under Section 7 of the Act of 1961, thereby seeking the eviction of the petitioners from the petition land(s), and, which relief was indeed granted by the learned Collector concerned, on 26.06.2015 (Annexure P-5). The petitioners challenged the eviction order (supra) by filing a statutory appeal before the respondent No.1, wherein, initially status quo was ordered, however, ultimately the respondent No.1 ordered vacation of the status quo, vide order dated 01.09.2016 (Annexure P-8).
3. Against the concurrent verdicts of dismissal, as drawn upon the title suit (supra) of the petitioners, a challenge was laid before this Court by filing CWP-15261-2016. Therefore, the eviction order (supra), as passed by the learned Collector concerned, could not be executed against the petition land(s).
4. However, since CWP-15261-2016, as preferred before this Court, is dismissed vide an order of even date, passed by this Court, therefore in view of such a verdict of dismissal, the present petition becomes rendered infructuous and warrants no further order.
5. In sequel, the present petition is dismissed having been rendered infructuous.
