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2025 DAILYLAW 60716 (PNJ)

BALJIT SINGH AND ANOTHER v. STATE OF PUNJAB

CRM-M/27895/2025 · 2025-05-23

Sanjay Vashisth

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA (124) Baljit Singh & another State of Punjab CORAM : Present: SANJAY VASHISTH seeking quashing of the order dated 06.05.2025 (P Divisional Magistrate, Payal. 2. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Baljit Singh & another Versus State of Punjab CORAM : HON'BLE MR.JUSTICE SANJAY VASHISTH Mr.Sunny K.Singla, Advocate for the petitioner (s). Mr.Neeraj Madaan, Sr.DAG, Punjab. ***** SANJAY VASHISTH, J. (Oral) Present petition has been filed under Section 528 of BNSS, seeking quashing of the order dated 06.05.2025 (P Divisional Magistrate, Payal. On 20.05.2025, the following order was passed: “i) Present petition has been filed unde seeking quashing of the order dated 06.05.2025(P Sub Divisional Magistrate, Payal. ii) Learned counsel for the petitioners, the first instance, during the proceedings conducted unde of the Bharatiya Nyaya Sanhita (BNS) on 17.04.2025 (Annexure P the Sub-Divisional Magistrate, Payal, specifically held that no action was required on the application submitted by the SHO seeking appointment of a receiver, in view of the pendency of proceedings before the Civil Court. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27895-2025 Decided on : 23.05.2025 ……Petitioner(s) Versus ……Respondent(s) HON'BLE MR.JUSTICE SANJAY VASHISTH K.Singla, Advocate for the petitioner (s). Mr.Neeraj Madaan, Sr.DAG, Punjab. Present petition has been filed under Section 528 of BNSS, seeking quashing of the order dated 06.05.2025 (P-5) passed by learned Sub On 20.05.2025, the following order was passed: Present petition has been filed under Section 528 of BNSs, ing quashing of the order dated 06.05.2025(P-5) passed by learned Sub Divisional Magistrate, Payal. Learned counsel for the petitioners, inter alia, contends that, the first instance, during the proceedings conducted under Section 164 of the Bharatiya Nyaya Sanhita (BNS) on 17.04.2025 (Annexure P Divisional Magistrate, Payal, specifically held that no action required on the application submitted by the SHO seeking a receiver, in view of the pendency of proceedings Present petition has been filed under Section 528 of BNSS, 5) passed by learned Sub- r Section 528 of BNSs, 5) passed by learned , contends that, in r Section 164 of the Bharatiya Nyaya Sanhita (BNS) on 17.04.2025 (Annexure P-6), Divisional Magistrate, Payal, specifically held that no action required on the application submitted by the SHO seeking a receiver, in view of the pendency of proceedings SAILESH RANJAN 2025.05.27 09:33 I attest to the accuracy and integrity of this document (124) CRM-M-27895-2025 -2- However, after a lapse of 10 days, on 06.05.2025, the matter was reopened pursuant to a fresh complaint, and a new finding was recorded. Subsequently, despite acknowledging the pendency of the civil suit, the Naib Tehsildar, Payal, was appointed as receiver in respect of the disputed land. The said order is now under challenge before this Hon’ble Court through the instant petition. iii) Notice of motion for 23.05.2025. iv) Notice re:stay as well. v) To be shown in the urgent list.” 3. Learned Senior DAG, Punjab, on being instructed by Shri Gurpreet Singh, Tehsildar, Payal, who is also present in Court, reads out the order dated 20.05.2025 vide which the proceedings against the petitioners have been dropped. 4. Faced with this situation, learned counsel for the petitioners submits that the present petition has been rendered infructuous and prays that the same may be disposed of, as such. 5. Ordered accordingly. (SANJAY VASHISTH) JUDGE May 23, 2025 Sailesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SAILESH RANJAN 2025.05.27 09:33 I attest to the accuracy and integrity of this document