CWP NO.3029 OF 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.3029 OF 1988 DATE OF DECISION: 19.11.2008 Bhim Sain Kansal ..Petitioner Versus Punjab State Electricity Board and Ors ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner Mr.SS Sahu, AAG, Punjab PERMOD KOHLI,J. (ORAL) The petitioner has challenged the Collector’s order dated 12.5.87 whereby the petitioner has been ordered to be evicted and the order dated 1.2.88 rejecting his appeal by the Appellate Authority. The petitioner has been ordered to be evicted under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. In the reply filed, the respondents have stated that during the pendency of the eviction proceedings, the petitioner represented that he should not be evicted and taking sympathetic view, the respondents-Board decided to lease out the shop in dispute afresh in favour of the petitioner. Accordingly, an offer was made to him for reallotment of the shop on the monthly rent of Rs.750.00 p.m. w.e.f. 1.7.87. This offer has been accepted by the petitioner vide his letter CWP NO.3029 OF 1988 2 dated 8.7.1988 (Annexure R-1). During the pendency of this petition, in CM No.16237 of 1988, this Court passed inter-locutory order dated 16.1.89 which reads as under:- “The counsel for the writ-petitioner contends that his client is ready and willing to deposit double the amount of rent which is being already paid. The counsel for the applicant-Board states that rent at the rate of Rs.750/- per month has been fixed only at the asking and request of the petitioner by a high powered committee constituted by the Board and he says that dispossession be stayed only on payment of Rs.750/- per month. I have considered the facts and circumstances of the case and am of the view that the writ petitioner shall deposit double the amount of rent with arrears within two months from today and shall continue paying by every 7th of the Calendar month and further files an undertaking within one month that in case the writ petition is dismissed, the balance amount of rent calculated at the rate of Rs.750/- per month shall be paid with 18% interest from the date the amount is due till the date of payment. The payment of double the amount of rent is subject to the result of the writ petition. The petition may be heard within two years.” Consequent upon the aforesaid order, the petitioner filed an undertaking dated 25.1.1989 wherein the petitioner undertook to CWP NO.3029 OF 1988 3 abide by the order dated 16.1.1989 and also to pay the arrears of rent with interest at the rate of 18% and also prayed for dismissal of the writ petition. It seems that thereafter the writ petition could not be taken up for consideration. In view of the above circumstances, no further directions are required. Petition dismissed. (PERMOD KOHLI) JUDGE 19.11.2008 MFK