CWP No. 5087 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5087 of 2010 Date of Decision: 8.4.2010 Rashpal Singh ....Petitioner. Versus Panjabi University, Patiala and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. A.S. Dhaliwal, Advocate for the petitioner. AJAY KUMAR MITTAL, J. In the instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to restore him the possession of Coffee House located in Punjabi University Campus, Patiala, known as Indian Coffee House, possession of which was taken forcibly by the respondents. Put shortly, the facts of the case as narrated in the petition are that the petitioner had been running his coffee house in the partnership of one Soman for the last 24 years. His partner, Soman, is a licencee of Coffee House, Punjabi University, Patiala since the year 1986 and deposited Rs.5000/- each with the University vide receipts dated 14.5.1986 and 26.9.1988 (Annexure P-1 collectively). On 18.10.2001, said Soman made an application (Annexure P-2) with CWP No. 5087 of 2010 -2- respondent No.2 for permission to introduce the present petitioner as a partner to run the aforesaid coffee house. Respondent No.2 vide letter dated 19.8.2002 (Annexure P-3) granted permission to introduce the petitioner as a partner subject to the conditions mentioned therein. The petitioner and his partner fulfilled all the requirements as desired by respondent No.2 in the letter dated 19.8.2002 (Annexure P-3) and deposited all the documents and licence money along with letter dated 24.10.2002 (Annexure P-4). A legal notice dated 23.2.2006 (Annexure P-5) was served upon the partner of the petitioner stating therein that the agreement between the University and the aforesaid Soman had expired on 28.2.1997 and he was asked to vacate the premises of the Coffee House within seven days. The said legal notice was duly replied by the petitioner and his partner Soman vide letter dated 9.3.2006 (Annexure P-6) by pleading that no amount was due from them and the rent had already been paid up to date. Thereafter, the petitioner and his partner filed a civil suit for permanent injunction restraining the University from dispossessing them from the Coffee House. The said civil suit was dismissed by the trial court vide judgment and decree dated 9.5.2008 (Annexure P-7) and the appeal filed thereagainst was also dismissed by the Additional District Judge, Patiala, vide judgment and decree dated 13.3.2009 (Annexure P-8). After the dismissal of the said appeal, the partner of the petitioner was served a legal notice dated 25.5.2009 (Annexure P-9) asking him to vacate the building of the Coffee House. The petitioner and his partner replied the said legal notice vide reply dated 28.5.2009 (Annexure P-10) by pleading that they were legally running their business in the aforesaid Coffee House as CWP No. 5087 of 2010 -3- “Indian Coffee House” in the premises of the Punjabi University, Patiala, and the rent was being deposited regularly and even the University has accepted the rent for the month of March, 2010. The University vide notice dated 8.1.2010 (Annexure P-14) asked the petitioner and his partner to vacate the premises within seven days. The said notice was also duly replied on 11.1.2010 (Annexure P-15). After the reply to the aforesaid notice, the University authorities illegally and forcibly took the possession of the said Coffee House on 10.3.2010. Hence, the present writ petition. After hearing the learned counsel for the petitioner and perusing the record, this Court is satisfied that no ground to exercise its jurisdiction under Articles 226/227 of the Constitution of India is made out as the civil suit filed by the petitioner and his partner raising similar pleas had been dismissed by the trial court and the appeal filed thereagainst had also been dismissed by the lower appellate court. Resultantly, the present writ petition is dismissed in limine being devoid of merit. April 8, 2010 (AJAY KUMAR MITTAL) gbs JUDGE