Sanjay And Others vs State Of Haryana And Others

Pankaj Jain, J

Prayer is for issuance of a writ in the nature of mandamus directing the respondents to not to dispossess the petitioners from the land in question keeping in view that the revision petition preferred by the petitioners alongwith application seeking interim stay is pending with respondent No.1 and awaits adjudication.

Petitioners faced partition proceedings. Aggrieved by the orders, they are in revision before respondent No.1 as per the remedy provided under the statute and in the said revision, application for interim stay has also been preferred. On the one hand, the application as well as revision await adjudication, whereas on the other hand on the strength of the orders impugned in the revision, the petitioners are facing threat of dispossession.

Counsel for the petitioners submits that in case the petitioners are dispossessed, their statutory remedy shall stand frustrate.

In view of the aforesaid facts and in view of innocuous prayer made in the present petition, this Court finds that there is no need to issue notice to the private respondents.

Mr. Brar, Additional Advocate General, Haryana on advance notice submits that the revision preferred by the petitioners shall be decided within a period of 04 weeks.

In view of the above, present writ petition is disposed off with the direction to respondent No.1 to decide the revision petition/stay application preferred by the petitioners within a period of 4 weeks from the date of receipt of certified copy of the order. Till the stay application/revision petition is decided, the parties shall maintain status quo.

Ordered accordingly.