Chandigarh Horse Riding Society Regd v. The Sub Divisional Magistrate East And Others

CWP-21557-2018(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21557-2018 (O&M) Date of Decision: October 31, 2023 Chandigarh Horse Riding Society (Regd.) ......Petitioner

Versus

TheSub-Divisional Magistrate (East) and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

None for the petitioner.

Mr.Sanjiv Ghai, Advocate with Mr.Parminder S.Kaul, Advocate for UT, Chandigarh.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioner has approached this Court praying for quashing of order dated 23.07.2018, passed by learned Addl.District Judge, Chandigarh, Annexure P-27, as also the order dated 05.02.2018 passed by the SubDivisional Magistrate (East),Chandigarh, exercising the powers of the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Annexure P-19, and all consequential proceedings initiated by the respondents to evict the petitioner from the demised premises. It is further prayed to issue direction to respondents to provide an alternative site to the petitioner to re-locate the Horse Riding Academy and the equestrian activities being carried out by the petitioner-Society. It is also prayed to stay the operation of the impugned orders dated 23.07.2018, and 05.02.2018, Annexures P-27 and P-19 respectively, during pendency of the present petition.

On 10.10.2023, learned counsel for the respondents/UT MEENU 2023.11.03 14:59 I attest to the accuracy and integrity of this order/judgment

CWP-21557-2018(O&M) -2submitted that the possession of the property has already been taken and thus nothing survives in this petition for adjudication. However, as no-one was present on behalf of the petitioner, the case was adjourned to 18.10.2023 Again no-one was present on behalf of the petitioner and hence the case was adjourned for today with the direction to the Registry to inform learned counsel for the petitioner about the date fixed. Same is the position today as well.

Learned counsel for the respondents has reiterated that the petition has already been rendered infructuous and hence the same may be dismissed as such.

However, as no-one is present on behalf of the petitioner, the present petition is dismissed for non-prosecution. October 31, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.11.03 14:59 I attest to the accuracy and integrity of this order/judgment