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2025 DAILYLAW 45296 (PNJ)

PIARE LAL v. STATE OF HARYANA AND OTHERS

CWP/10667/2025 · 2025-04-21

Deepak Sibal, Harpreet Kaur Jeewan

body2025

Judgment text

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CWP-10667-2025 111122 22 22 22 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CWP CWP CWP CWP----10667 10667 10667 10667----2025 2025 2025 2025 (O&M) (O&M) (O&M) (O&M) Date of decision : Date of decision : Date of decision : Date of decision : 21.04 21.04 21.04 21.04.2025 .2025 .2025 .2025 Piare Lal ...Petitioner Versus State of Haryana and others ...Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE DEEPAK SIBAL DEEPAK SIBAL DEEPAK SIBAL DEEPAK SIBAL HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. B.K. Bagri, Advocate for the petitioner. Mr. Saurabh Mago, DAG, Haryana. DEEPAK SIBAL DEEPAK SIBAL DEEPAK SIBAL DEEPAK SIBAL, J. , J. , J. , J. (Oral) (Oral) (Oral) (Oral) 1. The petitioner had earlier approached this Court through filing of a writ petition seeking therein a direction to the private respondents to dismantle the unauthorized construction made by them on the land of the Panchayat, which had been earmarked as a pond. Such petition being CWP CWP CWP CWP----5600 5600 5600 5600----2022 2022 2022 2022 titled as Piare Lal Vs. State of Piare Lal Vs. State of Piare Lal Vs. State of Piare Lal Vs. State of Haryana and others Haryana and others Haryana and others Haryana and others was disposed of by a Co-ordinate Bench on 16.01.2023, relegating the petitioner to his alternate remedy available under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the 1961 Act’) with a further direction that if such remedy is availed by the petitioner, the competent authority, before whom such eviction petition is filed by the petitioner, shall dispose of such petition within four months of its filing, in accordance with law. 2. In pursuance of the above, the petitioner filed a petition under Section 7 of the 1961 Act seeking therein eviction of the private ATUL SETHI 2025.04.25 16:09 I attest to the accuracy and authenticity of this judgment/order Chandigarh CWP-10667-2025 respondents from the Panchayat land which had been earmarked for a pond to be used by the entire village. After issuing notice to the private respondents and considering the record, on 15.11.2023 the aforesaid petition filed by the petitioner was allowed by the competent authority, thereby ordering eviction of the private respondents from the Panchayat land. 3. According to the petitioner, the private respondents have not filed any appeal against the aforesaid order of the competent authority ordering the private respondents’ eviction from the Panchayat land. 4. Learned counsel for the petitioner complains that the application filed by the petitioner seeking therein execution of the order passed by the competent authority ordering eviction of the private respondents is not being decided and the same has been unnecessarily delayed. Therefore, at this stage, he restricts his prayer to the issuance of a direction to respondent No.4 to finally adjudicate upon the petitioner’s application. 5. Learned State counsel has no objection to the acceptance of the afore alternate prayer made on behalf of the petitioner. 6. Petitioner’s afore-referred application (Annexure P-8) filed by him for execution of the eviction order dated 15.11.2023 is pending before respondent No.4. Every litigant has a right to a speedy disposal of the lis initiated by him-her/pending against him/her. A direction to adjudicate upon a lis expeditiously also prejudices none. Rather, a direction issued to decide a lis pending between the parties at an early stage is in the interest of both the parties. Therefore, the present writ ATUL SETHI 2025.04.25 16:09 I attest to the accuracy and authenticity of this judgment/order Chandigarh CWP-10667-2025 petition is disposed of with a direction to respondent No.4-Assistant Collector 1st Grade, Rewari, to finally dispose of the application (Annexure P-8) within 04 months from the date of receipt of a copy of this order, in accordance with law. 7. The afore direction by us would be subject to appeal, if any, preferred by the private respondents against order dated 15.11.2023 of the Assistant Collector 1st Grade, Rewari. [DEEPAK [DEEPAK [DEEPAK [DEEPAK SIBAL] SIBAL] SIBAL] SIBAL] JUDGE JUDGE JUDGE JUDGE 21.04 21.04 21.04 21.04.2025 .2025 .2025 .2025 [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] atulsethi JUDGE JUDGE JUDGE JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No ATUL SETHI 2025.04.25 16:09 I attest to the accuracy and authenticity of this judgment/order Chandigarh