TRUST SHIVALA RAM KISHAN SOOD (REGISTERED) MOGA THROUGH ITS SECRETARY JOGINDER PAL SOOD Vs. COMMISSIONER, FEROZEPUR DIVISION, FEROZEPUR & ORS.

JUDGEMENT

(1.) Present writ petition is directed against the order dated 22.11.2012 (Annexure P-4) passed by Commissioner, Ferozepur Division, Ferozepur-respondent No.1, whereby the eviction order dated 11.06.2010 (Annexure P-2) passed by learned District Collector, Moga, was set aside, remanding the case to the District Collector with a direction to decide the eviction proceedings, after decision of the civil suit pending between the parties.

(2.) Notice of motion was issued and in compliance thereof, written statement was filed by respondent No.3. Short reply was filed on behalf of respondent Nos.1 and 2.

(3.) Heard learned counsel for the parties. The entire case of respondent No.3, as set up by him in his appeal (Annexure P-3) before the Commissioner, Ferozepur Division, Ferozepur, was that he inherited the property in question from his father, who was pujari of Shivala Ram Kishan. It is a matter of record that petitioner filed the eviction petition against respondent No.3 under Sec. 3 of the Punjab Religious Premises and Land (Eviction & Rent Recovery) Act, 1997. Said eviction application filed by the petitioner was allowed, by the learned District Collector, Moga, vide his detailed order dated 11.06.2010 (Annexure P-2).