Punjab-Haryana High Court
Baljinder Singh And Another vs State Of Punjab And Others on 7 April, 2025
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2025:PHHC:047381-DB
CWP-9876-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.124
CWP-9876-2025 (O&M)
Date of decision: 07.04.2025
Baljinder Singh and another ....Petitioners
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Harinder Pal Singh Ishar, Advocate
for the petitioners.
Mr. Amit Kumar Goyal, Addl. A.G., Punjab.
* * *
DEEPAK SIBAL, J. (Oral)
1. Through order dated 13.11.2024, the District Development and
Panchayat Officer, Barnala, exercising the powers of Collector under the
Punjab Village Common Lands (Regulation) Act, 1961 (for short – ‘the 1961
Act’), ordered the petitioners’ eviction from land measuring 218 kanal 7 marlas
bearing Khewat No.634/622 Khatauni Number: 1210 and 1212 Khasra
No.43//6(7-15), 7(4-0), 13(5-11), 14(8-0), 18(8-0), 19(5-18), 21(5-7), 22(8-0),
23(8-0), 24(8-0), 25(8-0), 82//21 (9-2), 22(2-9), 88//1(7-7), 2(7-6), 3(6-7), 4(7-
2), 5(7-7), 6(8-0), 7(8-0), 8 (8-0), 9(8-0), 10(8-0), 11(8-0), 12(8-0), 13(8-0),
14(8-0), 15/1(6-16) as per jamabandi for the year 2020-21 of Village
Talwandi, Tehsil Tapa, District Barnala (for short – the land in question).
2. The aforesaid order was challenged by the petitioners through filing
of an appeal under Section 7(2) of the 1961 Act before the Director,
Department of Rural Development and Panchayat, Punjab, (for short – the
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Director). Alongwith their appeal, the petitioners also filed an application
seeking therein stay of the operation of the order impugned by them through
their appeal. The Director issued notice in the petitioners’ appeal as also in their
stay application for 23.04.2025 but no interim protection was granted.
3. In the meanwhile, an application was filed by the Gram Panchayat,
Village Talwandi, for execution of the order of the DDPO, Barnala dated
13.11.2024 which was allowed by the DDPO, Barnala on 05.03.2025.
Resultantly, warrants of possession qua the land in question were issued.
4. Learned counsel for the petitioners submits that once the petitioners
have availed of their statutory remedy of appeal to challenge therein the order
of eviction dated 13.11.2024 passed by the DDPO, Barnala and alongwith their
appeal they have also filed an application for stay in which notice has been
issued for 23.04.2025, if in the meanwhile, the eviction proceedings qua the
petitioners are not stayed and that if they are evicted during the pendency of
their statutory appeal or at least before a decision on their application for stay
of the eviction order, taking recourse to their statutory remedy would be
rendered infructuous before a decision thereupon.
5. After hearing learned counsel for the parties, we are of the opinion
that once the petitioners have availed their remedy of filing of a statutory
appeal to challenge therein the eviction order passed by the DDPO, Barnala
and in such appeal they have also made a prayer for interim stay, in which
notice has also been issued by the Appellate Authority, before a decision on the
said appeal or at least on the stay application the petitioners should not be
evicted from the land in question as the same would result in rendering of their
statutory remedy absolutely meaningless.
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6. In the light of the above, the present petition is disposed of with a
direction to respondent No.3 to take a final decision on the petitioners’ appeal
filed by them against their eviction order dated 13.11.2024 passed by the
DDPO, Barnala or at least on the application filed by them seeking therein
stay of the aforesaid order, in accordance with law but only after granting of
opportunity of hearing to all concerned. In the meanwhile, status-quo with
regard to possession of the petitioners on the land in question shall be
maintained.
(DEEPAK SIBAL)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
April 07, 2025
Jyoti 1
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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