Nagar Panchayat Shri Chamkaur Sahib v. State Of Punjab And ORS
CWP No.11025 of 2017 {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP No.11025 of 2017 Date of decision:26.05.2017 Nagar Panchayat Shri Chamkaur Sahib, District Rupnagar ... Petitioner Vs.
State of Punjab and others ... Respondent
CORAM:
HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. H.K.Aurora, Advocate for the petitioner.
AMIT RAWAL J. (Oral) Notice of motion.
Mr. C.L.Premy, Advocate accepts notice on behalf of the caveator/respondent No.2.
Concededly, an eviction petition under Sections 4 and 5 of the Punjab Public Premises & Land (Eviction and Rent Recovery) Act, 1973 has been filed and an application under Section 151 of Code of Civil Procedure has been moved by the private respondent/caveator. The petitioner in the aforementioned eviction petition is seeking restraint order against the respondents from encroaching that part of the property of which eviction was not sought. Since the private respondent had made an attempt to encorach upon other property, therefore, the application aforementioned was moved.
Savita 2017.06.01 09:47 I attest to the accuracy and integrity of this document High Court Chandigarh
CWP No.11025 of 2017 {2} Mr. C.L. Premy, Advocate submits that in fact, independent suit should have been filed and seeks leave of the Court for withdrawal of the application filed under Section 151 of Code of Civil Procedure. In view of the aforementioned statement made by Mr. Premy, the impugned order dated 16.03.2017 (Annexure P-1) is rendered otiose and pales into insignificance but yet I deem it appropriate to say it will not be treated to be in existence. The respondents are at liberty to seek the vindication of their grievance, if any, in accordance with law, with regard to other property, which is not subject matter of the eviction petition. Accordingly, the writ petition stands allowed. (AMIT RAWAL) JUDGE May 26, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.06.01 09:47 I attest to the accuracy and integrity of this document High Court Chandigarh