Surya Kant, J. - (1.) NOTICE of motion. On our asking, Mr. Rajinder Goyal, Addl. A.G., Punjab, accepts notice on behalf of respondents.
(2.) THE appellant impugns the order dated 10.11.2014 whereby the learned Single Judge has dismissed the writ petition in limine. In the writ petition, the appellant assailed the orders dated 02.03.2012 and 22.01.2013 passed by respondents No. 2 and 1, respectively. He also sought direction to Tehsildar (Sales) Amloh to decide his pending claim. The appellant's claim was that the land measuring 1 Kanal 5 Marlas fully described in para 2 of the writ petition cannot be held to have automatically vested in the State. His further case was that the above stated land was taken on lease by Ganga Ram Son of Jaimal who was grandfather of the appellant from one Fangu, a Mohammedan who migrated to Pakistan. Family of the appellant continued in uninterrupted possession of the said land. The appellant is said to have subsequently applied to Tehsildar (Sales) at Amloh, for transfer of the above stated land in accordance with the provisions of Punjab Package Deal Properties (Disposal) Act, 1976 as amended in the year 2009. It is averred that while the aforesaid application was pending the impugned orders were passed, vesting the land in question in State. Having heard learned counsel for the parties, we are of the considered view that the appellant's application pending before the Tehsildar (Sales) at Amloh deserves to be decided on merits expeditiously and after hearing both the parties. We thus allow this appeal in part and modify the order passed by the learned Single Judge and dispose of the writ petition filed by the appellant, without expressing any views on the merit, with a direction to Tehsildar (Sales) at Amloh to decide the application said to have been moved by the appellant, referred to above, within a period of three months. Meanwhile status quo with regard to possession of the land shall be maintained. Ordered accordingly.;