Gram Panchayat Mawa Sindian vs Jagdish Singh And Ors

Sandeep Sharma, J

Having regard to the nature of order proposed to be passed in the instant case, this court sees no reason to issues notice to the private respondents

and as such, same are dispensed with.

In the instant proceedings, precise prayer of the petitioner is that the Divisional Commissioner Kangra at Dharamshala, may be directed to decide

the appeal bearing No. 26/2011, titled Gram Panchayat etc. v. Jagdish Singh and Ors, expeditiously, because on account of pendency of the aforesaid

appeal, petitioner-Gram Panchayat is facing threat of execution of order dated 31.3.1999 passed by the Settlement Officer, Kangra at Dharamshala.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, while waiving notice on behalf of the State fairly states that prayer of the petitioner being

innocuous in nature can be accepted.

Having heard learned counsel for the parties and perused material available on record, this court finds that appeal bearing No. 26 of 2011 filed by

the petitioner-Gram Panchayat, laying therein challenge to order dated 31.3.1999 passed by the Settlement Officer, Dharamshala, is pending

adjudication for more than nine years and as such, prayer made on behalf of the petitioner deserves to be allowed.

Consequently, in view of the above, present petition is disposed of with direction to the Divisional Commissioner, Kangra at Dharamshala, to decide

the aforesaid appeal, which is pending adjudication before it expeditiously, preferably within a period of three months. Learned counsel for the

petitioner undertakes to cause presence of petitioner before the Court below on 8.1.2021, enabling the court below to fix further date of hearing, if not

already fixed. On the date fixed by this Court, court of learned Divisional Commissioner, may also consider prayer, if any, made on behalf of the

petitioner for staying the operation and execution of order dated 31.3.1999 passed by the Settlement Officer, Kangra at Dharamshala. Till the time

application if any, for stay filed by the petitioner against the order dated 31.3.1999 is not decided by the Divisional Commissioner Kangra, at

Dharamshala, execution of order dated 31.3.1999 passed by the Settlement Officer Kangra at Dharamshala, shall remain stayed. It is clarified that

stay order passed by this court against the order dated 31.3.1999 would remain in force till the time application for the stay is not decided by the court

of learned Divisional Commissioner, Kangra, in accordance with law. Learned Additional Advocate General is directed to apprise the Divisional

Commissioner, Kangra, with regard to passing of the instant order enabling him to do the needful well within the stipulated time. Pending

application(s), if any, also stand disposed of.

Copy dasti.