IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH C.W.P.No.2343 of 2006 Date of decision: 07.11.2008 M/s Batra Palace Pvt Ltd ......Petitioner(s) Versus State of Punjab and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Amit Rawal, Advocate for the petitioner. Mr. N.D.S. Mann, Addl.A.G, Punjab for respondent No.1. Mr. D.V. Sharma, Senior Advocate with Mr. Harit Sharma, Advocate for respondent No.2. SATISH KUMAR MITTAL,J(ORAL) In nutshell, the dispute is about alleged four feet encroachment on the public street. Undisputely, the petitioner has filed a statutory appeal before the Additional District Judge under Section 269(2) read with Section 246 of the Punjab Municipal Corporation Act, 1976, which is still pending. Counsel for the petitioner contends that till the appeal filed by the petitioner is decided, the alleged illegal encroachment cannot be removed. The factum of pendency of the appeal has not been disputed. In view of this admitted position, we dispose of this petition without going into the merits of the case with a direction to the Additional District Judge, Ludhiana, where the appeal of the petitioner is pending, to decide the said appeal expeditiously preferably within a period of four months in accordance with law. After the decision of the appeal, it will be open for the respondent-Corporation or the appellants to seek appropriate remedy, if necessary, in accordance with law. ( SATISH KUMAR MITTAL ) JUDGE November 07, 2008 ( JASWANT SINGH ) manoj JUDGE