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Judgment
Daya Chaudhary, J
Notice of motion.
On asking of the Court, Ms. Anju Arora, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 4-State.
The petitioner is aggrieved by the order dated 07.09.2020 passed by the Joint Development Commissioner (Exercising the powers of Commissioner) Mohali, whereby status quo order passed earlier has been vacated.
The only argument, raised by learned counsel for the petitioner is that without issuing notice to the petitioner, status quo order has been vacated.
On perusal of said order dated 07.09.2020, it reveals that after dismissal of Civil Suit on 10.05.2019, the Gram Panchayat had taken possession of the disputed property from the petitioner and possession thereof, was handed over to the Gram Panchayat, Basantpura vide letter No.479 dated 27.07.2019 with the help of the Police. Thereafter, the petitioner filed an appeal against eviction order dated 04.08.2017. It has also been mentioned that there was misrepresentation as it was stated that the petitioner was doing business on the disputed property whereas the petitioner was not doing any business over the property in dispute as possession was already with Gram Panchayat.
It has not been disputed by learned counsel for the petitioner that possession was not with the petitioner and it was taken on 27.07.2019 before passing of the status quo order dated 02.09.2020.
A finding has also been recorded that the Gram Panchayat has been receiving rent @ Rs.6000/- per month from M/s Hero Motors, Basantpura and that shop in question is in the ownership of the Gram Panchayat. Simply by saying that status quo order has been vacated without giving any opportunity of hearing, is not going to cause any prejudice to petitioner when the petitioner is not in possession of the property in dispute.
In view of the facts and circumstances mentioned above, We do not find any merit in the contention raised by learned counsel for the petitioner. The present petition being devoid of any merit is, therefore, dismissed. However, learned Joint Development Commissioner, Mohali is directed to make all efforts to decide the appeal on the next date of hearing or preferably within a period of two weeks from the date of receipt of copy of this order.