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High Court of Punjab and HaryanaCWP/23334/2015disposed of

Naresh Chand v. State Of Haryana & ORS

2015-11-02Mr. Justice M.M. Aggarwal,Mr. Justice Dr. Shekher Dhawan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23334-2015 Date of decision:- 02.11.2015 Naresh Chand

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present: Mr. Raman Gaur, Advocate, for the petitioner.

* * * * S.J. VAZIFDAR, A.C.J. (ORAL) Issue notice of motion returnable forthwith.

Service is waived, as Mr. Rahul Dev Singh, learned Deputy Advocate General, Haryana accepts notice on behalf of the respondents. This writ petition is similar to CWP-22885-2015 titled as Sailesh Kumar and others Vs State of Haryana and others which we disposed of by our order and judgement dated 29.10.2015. The only difference in this petition is that possession of the booth in question was taken on the day on which the writ petition was filed. 2.

In these circumstances, the writ petition is disposed of by the following order:- (i) The respondents are directed to consider the petitioner's reply to the show cause notice(s) by affording him a hearing. (ii) Till the decision on the show cause notice and for a period of four weeks thereafter, the petitioner shall be entitled to use the premises, but the same shall be subject to the result of the show cause notice and the challenge AMODH SHARMA 2015.11.04 10:48 I attest to the accuracy and authenticity of this document chandigarh

CWP-23334-2015 thereto, if any. During this period, both the parties shall maintain status quo in respect of the booth in all other respects. (iii) The possession of the booth shall be handed over pursuant to this order and subject to further orders by 06.11.2015. (iv) The impugned notice(s) shall be kept in abeyance and shall be substituted by the fresh order to be passed on the show cause notice. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 02.11.2015 Amodh AMODH SHARMA 2015.11.04 10:48 I attest to the accuracy and authenticity of this document chandigarh