CWP No.18315 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.18315 of 2011
Date of decision: 28.09.2011
Manmohan Singh
....Petitioner
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present: - Mr. Vikas Mohan Gupta, Advocate, for the petitioner.
1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
*****
ALOK SINGH, J (ORAL)
Notice of motion.
On being asked, Mr. Jaswinder Singh, learned Deputy
Advocate General, Punjab, has accepted notice on behalf of respondents
No.1 to 3.
Learned counsel for the petitioner states that he may be
permitted to withdraw this petition, however, time to vacate the property
in question may be granted till 31.3.2012. He further states that in view
of the Division Bench judgment of this Court in the case of Munshi
Ram Vs. State of Punjab and others, CWP No.17704 of 1997 decided
on 4.10.2008, petitioner shall move representation to provide alternate
site.
Mr. Jaswinder Singh, learned Deputy Advocate General,
Punjab, has fairly stated that if petitioner furnishes undertaking in the
CWP No.18315 of 2011
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shape of affidavit before the Collector that he shall hand over actual
physical possession to the respondents on or before 31.3.2012, time may
be granted to him till 31.3.2012.
Having considered arguments advanced by learned counsel for
the parties, present petition is allowed to be withdrawn. However,
eviction order shall not be executed against the petitioner till 31.3.2012
provided petitioner furnishes an undertaking in the shape of affidavit
within two weeks from today before the Collector, Patiala, to the effect
that he shall hand over actual physical vacant possession to the
respondents on or before 31.3.2012 and meanwhile he shall pay mesne
profit from the date of eviction order till possession is handed over to
the respondents @ `2,000/- per month. Petitioner shall pay entire
arrears within one month and shall keep on paying future mesne profit
by 10th day of every month in advance. In case, representation is moved,
same shall be considered sympathetically in view of the Division Bench
judgment of this Court in the case of Munshi Ram (supra). If
undertaking is not furnished within two weeks or default is made in the
payment of future mesne profit, respondents shall be at liberty to evict
the petitioner immediately with the help of police.
(Alok Singh)
Judge
September 28, 2011
R.S.