C.W.P. No. 13366 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 13366 of 2011 (O&M) Date of Decision:- 01.12.2011 Kashmir Singh and others .....Petitioners Versus State of Punjab and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. Umesh Kumar, Advocate for the petitioner. Mr. Manohar Lall, Addl. AG Punjab for respondent No. 1. Mr. G. S. Rattu, Advocate for respondent No. 4. **** SATISH KUMAR MITTAL, J(Oral). C.M. No. 16356 of 2011 This is an application for seeking exemption from filing certified copy of order Annexure R-4/1. For the reasons stated in the application, the applicant is exempted from filing certified copy of order Annexure R-4/1, subject to all just exceptions. C.M. stands disposed of. C.M. No. 16357 of 2011 C.M. is allowed. Written statement on behalf of respondent No. 4 is taken on record, subject to all just exceptions. C.W.P. No. 13366 of 2011 (O&M) 2 CWP No. 13366 of 2011 The petitioners have filed the instant writ petition under Article 226 of the Constitution of India for issuing directions to the respondent- Gram Panchayat not to hold auction of the land in question on the basis of the order dated 11.7.2011 as the same has been challenged in appeal by them. Vide order dated 11.7.2011, the Collector on an application filed under Section 10-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'), has set aside the lease granted by the Gram Panchayat in their favour. The contention of the petitioners is that against the order dated 11.7.2011 passed by the Collector, the petitioners have filed an appeal before the Commissioner, and the said appeal is still pending, therefore, the land cannot be released during pendency of appeal. While issuing notice of motion, the parties were directed to maintain status-quo. Today counsel for respondent No.4 -Gram Panchayat village Harion Jattan, Tehsil Patran, District Patiala, stated that the appeal filed by the petitioner against the order dated 11.7.2011 has been dismissed by the Appellate Authority on 19.10.2011 and in view of the said fact, the present writ petition filed by the petitioners has become infructuous. Learned counsel for the petitioners does not dispute this fact. In view of the said fact, this writ petition has become infructuous and is dismissed as such. However, it will be open for the petitioners to challenge the C.W.P. No. 13366 of 2011 (O&M) 3 order of the Appellate Authority before the Competent Authority, if so advised. ( SATISH KUMAR MITTAL) JUDGE 01.12.2011 ( PARAMJEET SINGH ) reema JUDGE