Harbans Singh v. District Magistrate, Kurukshetra And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 102+202 CM-3941-CWP-2025 in/and CWP-21917-2019 (O&M) Decided on :21.03.2025 HARBANS SINGH . .Petitioner

Versus

DISTRICT MAGISTRATE,KURUKSHETRA AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Ms. Amrita Nagpal, Advocate for the petitioner.

Mr. Saurabh Girdhar, AAG, Haryana.

Mr. Ivneet Singh Pabla, Advocate for respondents No. 3 to 6.

**** HARSIMRAN SINGH SETHI , J. (Oral) CM-3941-CWP-2025 The prayer in the present application filed by the applicant/petitioner is for placing on record correct memo of parties in compliance of the order dated 04.09.2024.

Keeping in view the averments mentioned in the application, the same is allowed. Consequently, corrected memo of parties is taken on record subject to all just exceptions.

Main Case:

1.

At the very outset, learned counsel for the petitioner submits that on 10.09.2019 while passing the order of notice of motion, a statement was made by the petitioner before the Co-ordinate Bench of this Court that the senior citizens i.e. respondents No. 3 & 4 can occupy the house in question and can reside in the said house. Keeping in view the said statement, the senior citizens are residing in the premises in question as of now. SAPNA GOYAL 2025.03.25 11:02 I attest to the accuracy and integrity of this document

CM-3941-CWP-2025 in/and CWP-21917-2019 (O&M) -22.

Learned counsel for the petitioner submits that the only issue which remains to be decided that as to whether, the petitioner still is to be made liable to pay Rs. 10,000/- to the senior citizens or not. 3.

On the other hand, learned counsel for the respondents-senior citizens, on instructions from the senior citizens who are present in the Court, submits that they are not going to beg for the maintenance from his own son who does not like to maintain their parents on his own and is seeking direction from the Court hence, once, the senior citizens have been allowed to occupy the premises in question, the only direction can be given that senior citizens will not be disturbed from residing in the said accommodation in future by the petitioners.

4..

Upon this, learned counsel for the petitioner submits that once, a statement was given before this Court that the senior citizen can occupy and reside in the house in question, they will not be disturbed from the said premises by the petitioner in future as well. 5.

At this stage, learned counsel for the respondents/senior citizens submits that in case the petitioners abide by the undertaking recorded herein before, the senior citizens will not execute the impugned order passed. 6.

Keeping in view the said undertakings given by the both parties concerned, no further orders are required to be passed, hence, the present petition stands disposed of. .

7.

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE 21.03.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SAPNA GOYAL 2025.03.25 11:02 I attest to the accuracy and integrity of this document