IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.48 of 1993 (O&M) Date of decision: 3.2.2010 Gurdwara Sahib Toba Baba Dhiana. -----Appellant Vs. Kulwant Singh and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Arun Palli, Sr. Advocate with Mr. Tushar Sharma, Advocate for the appellant. Mr. Baljinder Singh, Advocate for respondent Nos.12 and 13. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge dated 6.11.1992 whereby earlier order dated 3.8.1992 was modified. 2. The earlier order is to the effect that the writ petitioner will not stake any claim to land on which the appellant claimed ownership i.e. the land of Gurudwara, Samadhi and area attached to it. 3. We have heard learned counsel for the parties. LPA No.48 of 1993 4. Learned counsel for the appellant submits that the original writ petitioners while seeking direction against the Municipal Committee had made claim over some property on which the appellant claimed possession. The appellant, accordingly, filed application for being added as a party, to be heard, so as to protect its rights. The application was disposed of by order dated 3.8.1992 by recording the statement of the writ petitioner that he will not make any claim to the property on which the appellant claimed ownership. Later, the said statement was modified and part of the property, on which the appellant made a claim, was deleted. 5. Submission on behalf of the appellant is that if the writ petitioner is allowed to lay claim to the property on which the appellant also claimed ownership, the appellant has right to be heard, which is not disputed by learned counsel for the Municipal Committee. 6. None appears for the original writ petitioners. 7. Accordingly, we allow this appeal and set aside the impugned order. The appellant will be entitled to opportunity of being heard in the writ petition. ( ADARSH KUMAR GOEL ) JUDGE February 03, 2010 ( ALOK SINGH ) ashwani JUDGE 2