Allowed

Nagar Panchayat Shri Chamkaur Sahib v. State of Punjab and Ors.

Punjab & Haryana HC26 May 2017CWP/11025/2017

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a writ petition challenging an order that rendered an application for a restraint order otiose. The petitioner, Nagar Panchayat Shri Chamkaur Sahib, had sought restraint against encroachment on property not covered in an eviction petition.

What did the court decide?

The writ petition allowing the withdrawal of the restraint application is allowed; the impugned order is deemed not to be in existence.

Nagar Panchayat Shri Chamkaur Sahib… — Public Procurement and Tenders | Punjab & Haryana HC (2017)

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CWP No.11025 of 2017

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{1}

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.11025 of 2017 Date of decision:26.05.2017

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Nagar Panchayat Shri Chamkaur Sahib, District Rupnagar

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... Petitioner

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Vs.

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State of Punjab and others ... Respondent

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present:Mr. H.K.Aurora, Advocate for the petitioner.

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AMIT RAWAL J. (Oral)

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Notice of motion.

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Mr. C.L.Premy, Advocate accepts notice on behalf of the caveator/respondent No.2.

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Concededly, an eviction petition under Sections 4 and 5 of the Punjab Public Premises & Land (Eviction and Rent Recovery) Act, 1973 has been filed and an application under Section 151 of Code of Civil Procedure has been moved by the private respondent/caveator. The petitioner in the aforementioned eviction petition is seeking restraint order against the respondents from encroaching that part of the property of which eviction was not sought. Since the private respondent had made an attempt to encorach upon other property, therefore, the application aforementioned was moved.

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Savita 2017.06.01 09:47 I attest to the accuracy and integrity of this document High Court Chandigarh

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CWP No.11025 of 2017

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{2}

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Mr. C.L. Premy, Advocate submits that in fact, independent suit should have been filed and seeks leave of the Court for withdrawal of the application filed under Section 151 of Code of Civil Procedure.

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In view of the aforementioned statement made by Mr. Premy, the impugned order dated 16.03.2017 (Annexure P-1) is rendered otiose and pales into insignificance but yet I deem it appropriate to say it will not be treated to be in existence.

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The respondents are at liberty to seek the vindication of their grievance, if any, in accordance with law, with regard to other property, which is not subject matter of the eviction petition.

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Accordingly, the writ petition stands allowed.

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(AMIT RAWAL) JUDGE May 26, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No

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Savita 2017.06.01 09:47 I attest to the accuracy and integrity of this document High Court Chandigarh

Nagar Panchayat Shri Chamkaur Sahib v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Nagar Panchayat Shri Chamkaur Sahib v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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