IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.3268 of 2007 DATE OF DECISION: NOVEMBER 12, 2008 Paramjit Singh (dead) through L.Rs. .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.Vikas Bahl, Advocate, for the petitioner. Mr.M.S. Sindhu, Addl.A.G.,Punjab, for the respondents. .. SATISH KUMAR MITTAL, J. (ORAL) The petitioner has filed this petition under Article 226 of the Constitution of India for quashing the order dated 22.12.2006 (Annexure P5) as well as the subsequent proceedings, i.e., issuance of notice dated 15.02.2007 (Annexure P11) for recovering the amount in question as arrears of land revenue. We have heard the counsel for the parties. Admittedly, against the order dated 22.12.2006, the appeal filed by the petitioner under sub-Section (3) of Section 216 of the Punjab Panchayati Raj Act, 1994 is pending before the District Development and Panchayat Officer (respondent No.2 herein). It is the case of the petitioner that the said appeal is not being heard because the file was misplaced and, therefore, no date of hearing was given by the Appellate Authority in the said appeal. In the written statement filed on behalf of respondents No.1 to 3, this fact has neither been disputed nor clarified. However, a preliminary C.W.P. No.3268 of 2007 -2- objection has been taken that the appeal filed by the petitioner against the order dated 22.12.2006 is pending before the District Development and Panchayat Officer. Therefore, the writ petition is not maintainable. In view of the aforesaid facts and after hearing the counsel for the parties, we dispose of this petition with a direction to the District Development and Panchayat Officer (respondent No.2 herein) to consider and decide the said appeal filed by the petitioner within a period of three months. In case the file has been misplaced, it will be open for the Appellate Authority to re-construct the same accordingly and thereafter decide the same in accordance with law, within the aforesaid period. The recovery of the disputed amount from the petitioner will remain stayed till the decision of the said appeal. The petitioner is directed to appear before the Appellate Authority. Dasti on payment. (SATISH KUMAR MITTAL) JUDGE November 12, 2008 ( JASWANT SINGH ) vkg JUDGE