IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Sr. No.131

Civil Writ Petition No.9092 of 2022

Date of Decision : May 09, 2022

Talwinderbir Singh and others

...Petitioners

Versus

Divisional Canal Officer, Abohar Canal Division, Abohar, District Fazilka

and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Baltej Singh Sidhu, Senior Advocate with

Mr. Satveer Singh Badal, Advocate,

for the petitioners.

*****

SUDHIR MITTAL, J. (ORAL)

On an application filed by the private respondents for change in

turn of water, the relief was granted by the Deputy Collector. Against this

order, statutory appeal has been filed in which ex parte stay was granted

vide order dated 21.04.2022. The same has been vacated vide order dated

22.04.2022 only on the ground that the office brought to the notice of the

concerned officer that a caveat had been filed in the case. It is submitted

that the ex parte interim stay was granted till the first hearing of the case and

thus, vacation of the same without notice to the petitioners was illegal.

Notice of motion.

Mr. Arun K. Kaundal, DAG, Punjab accepts notice on behalf of

respondent No.1 and waives service.

ANKUR GOYAL

2022.05.09 17:18

I attest to the accuracy and

authenticity of this document

Civil Writ Petition No.9092 of 2022

--2--

Mr. Peeush Gagneja, Advocate who is on caveat accepts notice

on behalf of respondents No.2 & 3 and waives service.

Learned counsel for the private respondents submits that the

first respondent may be directed to decide the pending appeal within a time

bound manner.

I have been informed that the next date of hearing in the appeal

is 10.05.2022. Thus, the writ petition is disposed of with a direction to

respondent No.1 to decide the pending appeal within two weeks from the

date of receipt of a certified copy of this order. Till then, order of stay

granted on 21.04.2022 shall continue to operate.

May 09, 2022

(SUDHIR MITTAL)

Ankur

JUDGE

Whether speaking/reasoned

Yes/No

Whether Reportable

Yes/No

ANKUR GOYAL

2022.05.09 17:18

I attest to the accuracy and

authenticity of this document