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Case Details
IN THE HIGH COURT OF PUNJA IN T AT CHANDIGAR UNJAB AND HARYANA IGARH JASVIR AND R AND OTHERS CWP-29312-2024 (O&M) M) 25 Date of decision : 08.01.2025 …Petitioners Versus STATE OF P OF PUNJAB AND OTHERS …Respondents CORAM:
Legal Reasoning
HON’BLE MR. JUSTICE HA E HARSH BUNGER Present : ocate Mr. Shubham Goyal, Advocate for the petitioners. HARSH BUN H BUNGER, J. [ORAL] CM-20618- CWP-2024 This is an application for rest ition, r restoring the main writ petition, which was d was dismissed for non-prosecution 024, ution vide order dated 13.11.2024, passed by this by this Court. For the reasons stated in the ap wed the application, the same is allowed and order da der dated 13.11.2024 passed by th this Court is hereby recalled. lled. Main petition etition i.e. CWP-29312-2024 is ordere ginal ordered to be restored to its original number and s r and status. Registry to carry out the necessa ecessary steps accordingly. On oral request, the main case oday case is taken up for hearing today itself. CWP-29312 312-2024 (O&M) Prayer in the present writ petition 227 petition, filed under Articles 226/227 GURPREET KAUR 2025.02.04 14:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh of the Const Constitution of India, is for issuanc re of ssuance of a writ in the nature of Page 1 of 4 4 mandamus, directing respondent No.3 (Collector-cum-DDPO Jalandhar) to decide the application (Annexure P-3) for setting aside the ex-parte order dated 20.12.2017 (Annexure P-2), which is stated to be pending before it since 26.04.2019. 2. Briefly, Gram Panchayat of Village Janian Chahal filed an eviction petition under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short `the 1973 Act’), seeking eviction of the petitioners from the land comprised in khasra No.56 comprised in khewat/khatoni No.306, as per Jamabandi for the year 2012-13, situate at Village Janian Chahal, Tehsil Shahkot, District Jalandhar. The said eviction petition came to be allowed vide order dated 20.12.2017 (Annexure P-2) passed by the learned Collector-cum-DDPO, Jalandhar. 3. It is the case of the petitioner that on 20.06.2018, while petitioners were working in their fields then the Sarpanch of the Village came there and started proclaiming that Gram Panchayat is the owner of the land and that the learned Collector has ordered eviction of the petitioners from their land. It is stated that thereafter, the petitioners submitted an application (Annexure P-3) for setting aside the ex parte order dated 20.12.2017 (Annexure P-2). It is claimed that the said application (Annexure P-3) was filed on 26.04.2019 but till date, the same has not been decided. 4. In the afore-mentioned circumstances, the present writ petition has been filed before this Court for the relief/s, as noticed here-in-above. 5. 6. Heard. During the course of hearing of this petition, this Court vide order dated 28.10.2024 directed the petitioners to place on record the GURPREET KAUR 2025.02.04 14:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 2 of 4 certified copy of the application (Annexure P-3) and the matter was adjourned to 13.11.2024. However, on the adjourned date, neither the certified copy of Annexure P-3 was placed on record nor anybody appeared on behalf of the petitioners, accordingly, the matter was dismissed for non-prosecution. 6.1 On the said date, the State counsel had made a statement that no such application for setting aside the ex-parte order dated 20.12.2017 as
Decision
annexed by the petitioners as Annexure P-3 along with the writ petition was available on the records of the case. 7. Now, the application bearing CM-20618-CWP-2024 for restoration of the main case has been filed, which has been allowed. Along with the application for restoration, the petitioners have again attached a copy of application for setting aside the ex-parte order dated 20.12.2017, however, the certified copy thereof has not been attached. It is stated that a copy of the said application is very much available on the record. 8. I have perused the photocopy of the application, which has been placed on record now along with the application for restoration of the case and when the said application is compared with Annexure P-3 attached with the writ petition, it would be evident that the contents thereof are not the same, especially the contents of para No.4, which read as under :- Para No.4 of Annexure P-3 the writ attached with petition Para No.4 of the application attached with CM-20618-CWP-2024 4. That the applicants have come to know about the ex-parte proceeding/order on 20-06-2018. So, there is no improper delay in filing of this application. about 4. That the applicants have come to know parte- proceeding/order on 20-04-2019. So, there is no improper delay in filing of this application. the ex GURPREET KAUR 2025.02.04 14:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 3 of 4 8.1 It would be evident from the perusal of afore-said para No.4 that the date of knowledge of the eviction order dated 20.12.2017, is different in both the applications. The certified copy of neither of the applications has been placed on record. Apparently, considering the statement made by learned State counsel that no application for setting aside the ex-parte order is available on the record of the case, it appears that Annexure P-3 is a prepared document so as to tide over the limitation, in order to seek setting aside of the eviction order dated 20.12.2017. The conduct of the petitioners is apparently not above board. 9. In the absence of any mala fides alleged against anybody in the writ petition, I find no reason to interfere in this matter. Accordingly, the present writ petition is dismissed. 10. All pending applications (if any) shall also stand closed. January 08, 2025 gurpreet (HARSH BUNGER) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No GURPREET KAUR 2025.02.04 14:16 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 4 of 4