Kulbhushan Kumar vs State Of Punjab And Others on 13 October, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH.

                                                   C.W.P. No. 15746 of 2009
                                          DATE OF DECISION : 13.10.2009

Kulbhushan Kumar

                                                            .... PETITIONER

                                   Versus

State of Punjab and others

                                                         ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:     Mr. Gurbachan Singh Bhatia, Advocate,
             for the petitioner.

                           ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner has filed the instant petition under Article 226 of

the Constitution of India for issuing direction to the respondents not to

implement the order dated 9.5.2008 (Annexure P-1), passed by respondent

No.3.

It is admitted position that against the order dated 9.5.2008

(Annexure P-1), the petitioner has filed appeal, which according to the

petitioner is still pending.

After arguing for some time, counsel states that at this stage,

the petitioner will be satisfied if a direction is issued to respondent No.2 to

consider and decide his appeal within a reasonable time. He further states

that his application to stay the aforesaid order dated 9.5.2008 is also
CWP No. 15746 of 2009 -2-

pending before the Appellate Authority and the same has not been decided

so far and a direction be issued to consider and decide the same within a

short time.

In view of the above, without issuing notice of motion as it will

un-necessary delay the matter, this petition is disposed of with a direction to

the Appellate Authority – respondent No.2, to consider and decide the stay

application, filed by the petitioner along with the appeal, in accordance with

law, within a period of two months and if stay is not granted, then the

appeal shall be decided within a period of three months.

October 13, 2009                            ( SATISH KUMAR MITTAL )
ndj                                                  JUDGE