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2026 DAILYLAW 28300 (PNJ)

MS THE KOHINOOR GRAM UDYOG SAMITI v. STATE OF PUNJAB THROUGH SECRETARY

CWP/20782/2026 · 2026-07-10

Jasgurpreet Singh Puri, Sanjiv Berry

body2026

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 124 CWP-20782-2026 Date of Decision:- 10.07.2026 M/S THE KOHINOOR GRAM UDYOG SAMITI ....Petitioner(s) Versus STATE OF PUNJAB AND OTHERS ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Gur Aadesh Singh Mehra, Advocate, Mr. Sudagar Singh, Advocate for the petitioner. Ms. Shruti, Assistant Advocate General, Punjab. * * * * JASGURPREET SINGH PURI, J. (Oral) 1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking direction to respondent No.2 to decide the stay application dated 21.05.2026 (Annexure P-4) filed by the petitioner along with Appeal No.000113/2026 titled ‘M/s Kohinoor Gram Udyog Samiti Vs. Gram Panchayat Rajawal and another’. 2. Learned counsel for the petitioner has submitted that this is the second round of litigation initiated by the petitioner. The earlier petition bearing No.CWP-14154-2024 was allowed vide order dated 19.03.2025 (Annxure P-2) on the ground that only the Collector is authorized to pass an order of eviction. Thereafter, vide order dated 15.04.2026 (Annexue P-3), the Collector (Panchayat Lands)-cum-District Development and Panchayat Officer, Ludhiana cancelled the lease in favour of the petitioner with SANDAL SHARMA 2026.07.10 16:29 I attest to the accuracy and authenticity of this order/judgment CWP-20782-2026 -2- immediate effect and directed the petitioner to vacate the land immediately and hand over its possession to the Gram Panchayat. 3. Learned counsel for the petitioner has further submitted that immediately thereafter, the petitioner filed an appeal before the learned Commissioner-cum-Joint Development Commissioner, SAS Nagar (Mohali) along with an application dated 21.05.2026 (Annexure P-4) seeking stay of the order dated 15.04.2026 and the same is still pending. 4. He has further submitted that since the learned Collector (Panchayat Lands)-cum-District Development and Panchayat Officer, Ludhiana vide order dated 15.04.2026 (Annexure P-3) has directed the petitioner to vacate the land immediately and hand over its possession to the Gram Panchayat, his only limited prayer is for issuance of direction to learned Appellate Authority i.e. Commissioner-cum-Joint Development Commissioner, SAS Nagar (Mohali) to consider and decide the application (Annexure P-4) seeking stay of the impugned order, in accordance with law, within a time-bound period, so as to avoid prejudice to the petitioner. 5. At this stage, Ms. Shruti, Assistant Advocate General, Punjab has submitted that considering the limited prayer made by learned counsel for the petitioner and the facts and circumstances of the case, the respondent No.2-Commissioner-cum-Joint Development Commissioner, SAS Nagar (Mohali) shall consider and decide the application (Annexure P-4) filed by the petitioner seeking stay of the impugned order dated 15.04.2026 (Annexure P-3) within a period of one month from today, strictly in accordance with law. 6. In view of the statement made by learned State counsel, the present petition stands disposed of accordingly. SANDAL SHARMA 2026.07.10 16:29 I attest to the accuracy and authenticity of this order/judgment CWP-20782-2026 -3- 7. In the meantime, status quo shall be maintained till the passing of an order on the application seeking stay. (JASGURPREET SINGH PURI) JUDGE (SANJIV BERRY) JUDGE 10.07.2026 S.Sharma i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2026.07.10 16:29 I attest to the accuracy and authenticity of this order/judgment