RAJESH JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed with a prayer to quash order, Annexure P/15 dated 18.9.2003. It has further been prayed that a writ of mandamus be issued, directing respondent No.2, to remove illegal encroachment made by respondent No.5.

(2.) It is apparent from the records that vide order, Annexure P/15, while allowing appeal filed by respondent No.5, the matter was remitted to the competent authority to decide it afresh. During arguments, it has been brought to the notice of the Court that fresh order had already been passed by the competent authority, against which, respondent No.5 again filed an appeal, which is still pending and the parties have been ordered to maintain CWP No.1101 of 2004 - 2 - status quo. In that appeal, petitioner has moved an application to become a party. Keeping in view facts and circumstances of this case, this Court feels that no case is made out to interfere on merits, at this stage. However, the appellate authority is directed to allow application of the petitioner to become a party in the pending appeal and further to sort out the controversy.

(3.) It is also directed that the appellate authority shall appoint a Local Commissioner, who shall effect measurement of property of the respondent No.5, at the spot in the presence of the parties and officials of the Municipal Corporation. The appellate authority shall then pass an appropriate order by taking note of the report made by the Local Commissioner. Disposed of.