High Court of Punjab and HaryanaCWP/5478/1996disposed of

Surjit Singh v. Panjab University Etc

2016-11-23Mr. Justice T.H.B. Chalapathi2 pages

Civil Writ Petition No.5478 of 1996 ...1..

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No.5478 of 1996 Date of Decision: November 23, 2016 Surjit Singh

...Petitioner

Versus

Panjab University & Ors.

...Respondents

CORAM: HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr.Subhash Ahuja, Advocate, for the petitioner.

Ms.Savi, Advocate, for respondent Nos.1 & 2.

RAMESHWAR SINGH MALIK, J.(Oral) Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this Court, by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Mandamus, directing the respondent authorities to change his date of birth. The petitioner also sought a restraint order against the respondents not to retire him on 30.04.1996, before carrying out correction in his date of birth.

Notice of motion was issued by this Court vide order dated 17.04.1996. However, no interim order was issued. Thereafter, writ petition Seema Sharma 2016.11.28 09:56 I attest the accuracy and authencity of the document

Civil Writ Petition No.5478 of 1996 ...2..

was admitted for regular hearing, vide order dated 16.05.1996. It is a matter of record that the petitioner was seeking change in his date of birth on the basis of civil court judgment and decree, contained in Annexures P-3 & P-4. Stand taken on behalf of the respondent-University was that civil court decree has not attained finality so far, because the University has filed an appeal against the above said civil court decree. It was so recorded in the order dated 11.07.2015 passed by learned Lok Adalat. Neither learned counsel for the petitioner nor learned counsel for respondent Nos.1 and 2 are aware about the latest status of the appeal filed by the respondent University. Be that as it may, it goes without saying that the parties shall be bound by the decree passed by learned civil court in the appeal, filed by the respondent University and the consequential relief shall be granted to the petitioner, accordingly.

With the abovesaid observations made, present writ petition stands disposed of.

November 23, 2016 (RAMESHWAR SINGH MALIK) seema JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Seema Sharma 2016.11.28 09:56 I attest the accuracy and authencity of the document