Surinder Singh v. Deputy Commissioner Cum Commissioner & ORS

-1CWP No.20381 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.20381 of 2014 (O&M) Date of decision: 23.04.2015 Surinder Singh ....Petitioner

Versus

Deputy Commissioner, Amritsar and others ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. V.K. Sandhir, Advocate, for the petitioner. Mr. M.C. Berry, Advocate, for M.C. Amritsar.

Mr. K.S. Sidhu, DAG, Punjab.

***** PARAMJEET SINGH, J. (ORAL) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing order dated 12.01.2014 (Annexure P-4) passed by respondent No. - 2 Deputy Director, Local Government, Punjab, Amritsar, exercising the powers of Collector under Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as "the PP Act") and order dated 16.09.2014 (Annexure P-9) passed by respondent No.1- Deputy Commissioner, Amritsar, exercising the powers of Commissioner under the PP Act.

I have heard learned counsel for the parties and perused the RAVINDER SINGH 2015.04.28 16:12 I attest to the accuracy and authenticity of this document

-2CWP No.20381 of 2014 record.

Learned counsel for the petitioner contends that originally the application under the provisions of the PP Act has been filed against a dead person i.e. Surjit Singh. As such, any order passed on the application against a dead person is nullity. The petition for eviction itself is not maintainable against a dead person. Learned counsel for respondent No.3 has admitted that the application for eviction has been filed against a dead person i.e. Surjit Singh, father of the petitioner. So the impugned order which is passed against a dead person is nullity.

In view of above, impugned orders are set aside. Case is remanded to the Collector, Amritsar. Municipal Corporation, Amritsar will be at liberty to implead the LRs of deceased Surjit Singh. It is made clear that service upon the petitioner i.e. son of Surjit Singh shall be deemed to have been effected as he is pursuing his remedy before this Court. Parties, through their counsel, are directed to appear before the Collector on 12.5.2015. Thereafter, Collector shall pass appropriate order in accordance with law within two months. Disposed of.

(Paramjeet Singh) Judge April 23, 2015 R.S.

RAVINDER SINGH 2015.04.28 16:12 I attest to the accuracy and authenticity of this document