IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 16305 of 2011 Date of Decision: 02.09.2011 Rajiv Gandhi Market Association ..Petitioner Versus The Municipal Council, Zirakpur ....Respondent CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. R.K.Verma, 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) Learned counsel for the petitioner has fairly stated, for which he is known in the Bar, that instead of filing writ petition, the petitioner ought to have filed civil suit for declaration and injunction. He further contends that the petitioner may be permitted to withdraw this petition with liberty to file civil suit for declaration and injunction before the competent Civil Court. Learned counsel has further stated that civil suit shall be filed within a week from today, however, meanwhile, if the petitioner is dispossessed, he will suffer an irreparable injury and suit for injunction would become infructuous. Petition is dismissed as withdrawn with liberty to the petitioner to approach the Civil Court. Petitioner shall not be dispossessed for a week enabling him to approach the Civil Court. However, this order shall not construe to mean directing the Civil Court to allow the injunction application, which is to be filed by the CWP No. 16305 of 2011 -2- .. petitioner. In the event of filing the civil suit along with ad interim injunction, same shall be decided by the Civil Court at its own merit, in accordance with law, without being prejudiced from the interim direction granted by this Court. (ALOK SINGH) JUDGE 02.09.2011 som