MILKI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For the reasons recorded in the application, the same is allowed and the delay of 126 days in filing the appeal stands condoned.

(2.) The present appeal has been preferred laying challenge to the order dtd. 9/12/2024 passed by the learned Single Judge in the writ petition filed by the appellant for issuance of a writ in the nature of Mandamus issuing directions to respondent Nos.l and 3 to comply with the demolition notice dtd. 13/9/2019 (Annexure P-4) and further to decide the representations dtd. 14/6/2019; 7/5/2024 and 17/7/2024 (Annexures P-2; P-5 and P-6), expeditiously in accordance with law. 2. Brief facts of the case which led to the filling of the present appeal are summarized as below:-

(3.) The appellant has challenged the judgment dtd. 9/12/2024 passed by the Learned Single Judge on the ground that the passing of such judgment condoned the inaction of the respondent-Authorities spanning over five years in the enforcement of a statutory demolition order and that the impugned order was passed completely overlooking the settled legal position that mere institution of a civil suit without explicit stay order, does not operate as a bar to the statutory enforcement. Learned Senior counsel appearing for the appellant has also submitted that the learned Single Judge has wrongly recorded that two litigations are pending whereas, the writ petition bearing CWP-13104-2024 already stood adjudicated on 30/9/2024.