Punjab and Haryana High Court
CWP/40631/2018 of GAJENDRI Vs STATE OF HARYANA AND OTHERS on 31 December 2018
COURT OF PUNJAB AND HARYANA AT CHANDIGARH 135 CWP No.40631 of 2018 Date of decision : 31.12.2018 Gajendri ....Petitioner V/s State of Haryana and others ....Respondents CORAM : HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr.Vikram Singh, Advocate for the petitioner. Harnaresh Singh Gill ,
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135
IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH
Gajendri
State of Haryana and others
Vis
CWP? No.40631 of 201Date of decision : 31.12.2018
Petitioner
....Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:Mr. Vikram Singh, Advocatefor the petitioner.
Harnaresh Singh Gill_J. (Oral)
This writ petition under Articles 226/227 of the Constitution ofIndia has been filed for the issuance of a writ, in the nature of mandamusdirecting respondent No.1l-Secretary-cum-Financial |CommissionerDepartment of Rural Development and Panchayat, Haryana CivilSecretariat, Sector 17, Chandigarh to decide the stay application filed alongwith appeal.
Counsel for the petitioner states that the appeal was filed on27.11.2018 and the same was fixed for 4.12.2018. On 4.12.2018, the casewas not heard and was adjourned for 11.12.2018 and it was furtheradjourned tor 18.12.2018. Now the case is pending for 8.1.2019 but theapplication for stay has not been decided so far.
Counsel for the petitioner states that this case is covered by aljudgment passed by this Court in CWP-23401- 2018, titled as “MahenderNarayan Vs. Financial Commissioner-cum- Principal Secretary,Department ofRural Development and Panchayat, Haryana and others:%decided on 03.10.2018 (Annexure P-4). Further, he states that at this stagehe would be satisfied, if a direction is issued to respondent No.1-FinancialCommissioner-cum-Principal Secretary, Panchayat Department, New CivilSecretariat, Sector-17, Chandigarh to consider and decide the stayapplication within a time bound manner, Heard.
In view of the above, without going into the merits of the case,the present petition is disposed of with a direction to respondent No.1-Secretary-cum-Financial Commissioner Department of Rural Development|
CWP? No.40631 of 201
and Panchayat, Haryana Civil Secretariat, Sector 17, Chandigarh to considerand take final view in the stay application expeditiously preferably withinthree weeks from the receipt of the certified copy of the order.
In case, on consideration, the competent authority reaches tothe conclusion that the benefit claimed by the petitioner is admissible tohim, in such eventuality, the consequential relief be allowed to him, within aperiod of three weeks thereafter. However, in case the competent authorityfeels that the relief claimed by the petitioner is not admissible or made out,in that case, a Speaking order be passed in the matter.
Till the disposal of the stay application, the petitioner shall notbe divested of the charge for the post of Sarpanch, 31.12.2018
Sd
(HARNARESH SINGH GILL<
JUDGE
Whether speaking/reasonedYes/NoWhether reportableYes/No