CRM CRM CRM CRM----M M M M----38286 38286 38286 38286---- 133 133 133 133 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 Gulzar Singh and another State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) aside and quashing respondent No.3, whereby, the petitioner residential property under the proceedings pending and stay operating in favour of the petitioner. 2. as also learned counsel for respondents No.4 to 6 are present petition may be disposed of by directing the concerned Court to decide the application for preponement as also the stay, on 08.09.2025 ----2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) 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 CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: Gulzar Singh and another versus Haryana and others HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Anil K. Sokal, Advocate for the petitioner Mr. Deepak Kumar Grewal, DAG Mr. Narender, Advocate and Mr. Rinku Dhaniya, Advocate for respondents No.4 to 6. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) aside and quashing the impugned undated order respondent No.3, whereby, the petitioner residential property under the kalandra proceedings despite the civil court proceedings pending and stay operating in favour of the petitioner. During the course of hearing, learned counsel for the petitioners as also learned counsel for respondents No.4 to 6 are present petition may be disposed of by directing the concerned Court to decide the application for preponement as also the stay, on 08.09.2025 (the date next fixed before the said Sessions Court) 1111 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 AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----38286 38286 38286 38286----2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) Date of decision: Date of decision: Date of decision: Date of decision: August 11 August 11 August 11 August 11, 2025 , 2025 , 2025 , 2025 ….Petitioners ….Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioners. Deepak Kumar Grewal, DAG Haryana. Mr. Rinku Dhaniya, Advocate for respondents No.4 to 6. Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for setting the impugned undated order (Annexure P-11) passed by respondent No.3, whereby, the petitioner has been ordered to vacate proceedings despite the civil court proceedings pending and stay operating in favour of the petitioner. ourse of hearing, learned counsel for the petitioners as also learned counsel for respondents No.4 to 6 are ad idem that the present petition may be disposed of by directing the concerned Sessions Court to decide the application for preponement as also the application for (the date next fixed before the said Sessions Court) or 1111 2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) , 2025 , 2025 , 2025 , 2025 s s of the setting 11) passed by has been ordered to vacate proceedings despite the civil court ourse of hearing, learned counsel for the petitioners the Sessions application for or MAHAVIR SINGH 2025.08.11 14:51 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----38286 38286 38286 38286---- within 01 week thereafter. liberty to file fresh application(s), if so advised, before the concerned Sessions Court. 3. 4. of the petitioner, is directed to enure till the decision of applications for preponement and Stay petitioner, before the concerned 5. the merits of the case, which, of course, shall be ratiocinated upon concerned Sessions Court, in accordance with law. 6. August 11 August 11 August 11 August 11, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) 01 week thereafter. Learned counsels liberty to file fresh application(s), if so advised, before the concerned urt. Ordered accordingly. The interim order dated 18.07.2025 of the petitioner, is directed to enure till the decision of applications for preponement and Stay, filed at the instance of the petitioner, before the concerned Sessions Court It is made clear that this Court has not expressed any opinion on the merits of the case, which, of course, shall be ratiocinated upon concerned Sessions Court, in accordance with law. Pending application(s), if any, shall also stand disposed of. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2222 s for the rival parties are also at liberty to file fresh application(s), if so advised, before the concerned 18.07.2025, earlier extended in favour of the petitioner, is directed to enure till the decision of the aforesaid , filed at the instance of the present Court. It is made clear that this Court has not expressed any opinion on the merits of the case, which, of course, shall be ratiocinated upon by the concerned Sessions Court, in accordance with law. Pending application(s), if any, shall also stand disposed of. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 2222 also at liberty to file fresh application(s), if so advised, before the concerned , earlier extended in favour the aforesaid present It is made clear that this Court has not expressed any opinion on by the MAHAVIR SINGH 2025.08.11 14:51 I attest to the accuracy and authenticity of this order/ judgment