Punjab and Haryana High Court
Before: Sudhir Mittal, J.
CWP-12101 of 2022 (O&M)

Decided on: 30.05.2022
Amrik Singh and another - Petitioners
Versus
Financial Commissioner, Revenue (Appeals) and others - Respondents

Present:

Mr. G.S. Lali, Advocate, for the petitioner.

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16, 121 -- Constitution of India, Article 226, 227 -- Sanad Takseem – Revision/ Stay petition pending – Warrant possession – Writ jurisdiction – Sanad Takseem challenged before Financial Commissioner, the matter has not taken up even for preliminary hearing – Meanwhile warrants of possession have been issued – Writ petition disposed of with a direction to Financial Commissioner to take up the pending revision petition alongwith stay application – Till the decision of the stay application, dispossession of the petitioners shall remain stayed.

(Para 1-5)

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SUDHIR MITTAL, J. (ORAL) –

1. In the course of partition proceedings, sanad takseem has been issued. The same has been challenged by way of a revision petition, but the Financial Commissioner has not taken up the same even for preliminary hearing. Meanwhile warrants of possession have been issued and thus, this writ petition has been filed.

2. Notice of motion to respondents No.1 and 2 only.

3. Mr. Arun K. Kaundal, DAG, Punjab, accepts notice and waives service.

4. Considering the nature of the order being passed, no reply is necessary.

5. The writ petition is disposed of with a direction to respondent No.1 to take up the pending revision petition for hearing on 02.08.2022 alongwith stay application. Till the decision of the stay application, dispossession of the petitioners shall remain stayed.

Order accordingly.

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