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2025 DAILYLAW 52014 (PNJ)

LAKHMIR SINGH AND OTHERS v. FINANCIAL COMMISSIONER HARYANA AND OTHERS

CWP/12030/2025 · 2025-05-01

Harsh Bunger

body2025

Judgment text

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157 2025:PHHC:056801 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12030-2025 (O/M) Date of decision : 01.05.2025 Lakhmir Singh and others ...... Petitioners Versus Financial Commissioner (Revenue), Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Lakhvinder Singh Dandiwal, Advocate for the petitioners. Ms. Upasana Dhawan, AAG Haryana. -.- -.- HARSH BUNGER, J. (ORAL) 1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of mandamus for directing respondent No. 1-Financial Commissioner (Revenue) Haryana, to decide the prayer for grant of stay made by petitioner in revision petition (ROR No. 66 of 2024-25), titled as 'Lakhmir Singh and others Versus Collector, Fatehabad and others', which is stated to be pending for 07.05.2025. 2. Learned counsel for petitioner contends that the aforesaid revision petition was filed by the petitioners in December, 2024 and till date, no effective hearing has happened and on the other hand, the private respondents are trying to execute possession warrants. 3. Learned State counsel, on instructions from Mr. Subhash, Superintendent, O/o Financial Commissioner (Revenue), Haryana, submits that presently the aforesaid revision petition stands listed for hearing on 07.05.2025 and on the said date, the prayer for stay made in the said revision petition would be considered by the concerned officer. SANJIV KUMAR SHARMA 2025.05.02 11:20 I attest to the accuracy and integrity of this document CWP-12030-2025 (O/M) -2- 2025:PHHC:056801 4. Keeping in view the stand taken by learned State counsel, this writ petition is disposed of with a direction to respondent No. 1 to consider and decide the prayer for stay made by the petitioners in their revision petition on the date fixed i.e. 07.05.2025 and not in any case beyond the period of two weeks thereafter. It is further directed that till the time the aforesaid prayer for stay is finally decided by respondent No. 1; the execution of warrants of possession be kept in abeyance. 5. It is made clear that the respondent No. 1 shall consider and decide the prayer for stay made by the petitioner purely on its own merit without being influenced by the fact that vide the instant order, the execution of warrants of possession have been ordered to be kept in abeyance. 6. Pending application (s), if any, shall also stand closed. (HARSH BUNGER) JUDGE 01.05.2025 sjks Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SANJIV KUMAR SHARMA 2025.05.02 11:20 I attest to the accuracy and integrity of this document