High Court of Punjab and HaryanaCWP/18848/2015disposed of

Satya Pal v. Union Of India And ORS.

2016-08-31Mr. Justice T.H.B. Chalapathi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Writ Petition No. 18848 of 2015 (O&M) Date of Decision: 31.8.2016 Satya Pal .....Petitioner Vs.

Union of India and others .....Respondents CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present :

Mr. Rajeev Anand, Advocate for the petitioner.

Mr. Abhinav Gupta, Advocate for the respondent-UOI.

**** RAMESHWAR SINGH MALIK J. (ORAL) Learned counsel for the parties are ad idem that so far as issue of vacation of premises in question is concerned, the writ petition has been rendered infructuous because the petitioner has already vacated the premises.

So far as second issue, i.e. recovery of penal rent from the petitioner ordered vide order dated 1.9.2015 passed by the Estate Officer is concerned, an appeal lies against the said order under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. It is also not disputed that petitioner has not availed the remedy of appeal, before filing present writ petition.

Amit Kumar 2016.09.02 10:37 I attest to the accuracy and authenticity of this document

Civil Writ Petition No. 18848 of 2015 (O&M) In view of the above, present writ petition is disposed of relegating the petitioner to his equally efficacious remedy of statutory appeal against the impugned order.

Disposed of, accordingly.

31.8.2016 (RAMESHWAR SINGH MALIK) Ak Sharma JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Amit Kumar 2016.09.02 10:37 I attest to the accuracy and authenticity of this document