By means of the instant petition, the petitioner has assailed the vires of order dated 16.12.2020 passed by Respondent No. 1 whereby the Deputy Commissioner Vehari was directed to get the state land bearing Khasra No. 39/18 situated in Housing Scheme, Burew ala, District Vehari, vacated from illegal occupation of encroachers within thirty days. The Director PHATA Multan Region and Deputy Director PHATA Sub-Region Multan/Secretary District Housing Committee V ehari were also directed to assist the Deputy Commissioner V ehari in all respects.
2. The report and parawise comments on behalf of Respondent No. 1, 3 and 4 have been furnished, which have been perused.
3. Admittedly , the petitioner has lodged a civil suit for declaration with regard to property in question against Province of the Punjab through DOR Vehari and TMA Burewala before the learned Civil Judge Vehari, which was decreed by the learned Civil Judge 1st Class Vehari vide judgment and decree dated 10.5.2020. On 15.3.201 1, the respondents have challenged the said judgment and decree by filing a petition under Section 12(2) of CPC before the learned trial Court, wherein, issues were framed and the evidence was also recorded and consequently the said application was accepted vide judgment dated 31.3.2016. Feeling aggrieved , the petitioner has preferred an appeal against the said judgment before the learned District Judge Vehari, which came up for hearing before the learned Additional District Judge, Vehari, who vide order dated 20.4.2016 suspended the operation of judgment dated 31.3.2016. As the matter is pending adjudication before the Court of competent jurisdiction, therefore. this Court is of the view that the impugned order dated 16.12.2020 is liable I to be set aside.
4. In view of above, as a matter is pending adjudication before the learned Additional District Judge, Vehari, therefore, the impugned order dated 16.12.2020 passed by Respondent No 1 is set aside. However , the learned Additional District Judge, Vehari, seized with the matter is directed to conclude the same in accordance with the law by providing an opportunity of hearing to all concerned within stipulated period of 90 days.
5. With the above direction, the instant petition is disposed of