C.W.P. No. 18345 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18345 of 2011 Date of Decision:- 28.09.2011 Mam Raj and others .....Petitioners Versus State of Haryana and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Vikram Singh, Advocate for the petitioners. Mr. Ajay Kumar Gupta, Addl. AG Haryana. **** SATISH KUMAR MITTAL, J(Oral). The petitioners who are resident of village Jalmana, Tehsil Samalkha, District Panipat, have filed the instant petition under Articles 226/227 of the Constitution of India for issuing direction to respondents not to dispossess the petitioners during the pendency of the appeal filed by them against the order dated 14.9.2011 passed by the Assistant Collector Ist Grade, Samalkha, whereby they have been ordered to be evicted from the disputed land on an application filed by the Gram Panchayat under Section 7(2) of the Punjab Village Common Land (Regulations) Act, 1961. It is the case of the petitioners that along with the appeal filed against the aforesaid order before the Collector, the petitioners have also moved an application for granting stay. On that application the Collector has fixed the date of hearing for 4.10.2011.In the meanwhile, the Collector himself has issued a letter dated 20.9.2011 directing the BDPO, Bapoli to comply with the order of Assistant Collector Ist Grade and got vacate the C.W.P. No. 18345 of 2011 2 illegal possession from the land in dispute. The prayer of the petitioners is that till the decision of the said application the petitioners who are living in their houses which were constructed long back on the disputed land should be not demolished Notice of motion. Mr. Ajay Kumar Gupta, Addl. AG Haryana, who is present in Court, accepts notice on behalf of respondents. After hearing learned counsel for the parties, we dispose of this petition with direction to the Deputy Commissioner, Panipat to consider and decide the aforesaid application for stay which is now fixed for 4.10.2011 before him on the same day in accordance with law and till that date houses of the petitioners shall not be demolished. Copy of the order be given dasti to counsel for respondents under the signatures of Special Secretary. ( SATISH KUMAR MITTAL) JUDGE 28.9.2011 ( ARVIND KUMAR ) reema JUDGE