IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19189 of 2008 Date of decision:18.03.2010 Bihari Lal ....Petitioner versus Chandigarh Housing Board, Chandigarh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Kunal Mulwani, Advocate, for the petitioner. Ms. Geeta Sharma, Advocate, for respondents 1, 3 and 4. Mr. Karan Bhardwaj, Advocate, for Mr. Anupam Gupta, Advocate, for respondent No.2. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. At the previous hearing on 15.01.2010, an order was passed directing the petitioner to file an affidavit undertaking that he will not commit any violations of the terms of allotment and bind himself to be evicted by resumption if he indulges in any fresh violations. This direction was given in the context of an inspection that had been carried out on 07.12.2009 when it was found that there were still violations, but subsequently on inspection on 14.01.2010, it was found that all the violations had been removed. 2. The matter relates to resumption of property for alleged violations in terms of allotment. It has been held that the right of Civil Writ Petition No.19189 of 2008 - 2 - resumption must be used with extraordinary care and shall not be visited on a party except when the violation is contumacious, persistent and deliberate. Having regard to the undertaking which is taken on record, the resumption order shall be quashed. The respondent shall be at liberty to proceed with eviction afresh if any violation is noted and the petitioner in such a case shall not be entitled to any other equitable consideration and he shall be bound by the undertaking which is given before this Court. The order of resumption and all subsequent orders are quashed. 3. The writ petition is allowed on the above terms. (K.KANNAN) JUDGE 18.03.2010 sanjeev