C.W.P NO. 5321 OF 2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5321 OF 2001 (O&M) DECIDED ON : 25.03.2009 Avtaar Kaur through her legal heirs ...Petitioners versus PUDA and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. B. R. Mahajan, Advocate, for the petitioner/applicant. Mr. P. S. Thiara, Advocate, for respondent No.1. Mr. K. S. Dadwal, Additional AG, Punjab, for respondents No.2 and 3. SURYA KANT, J. (ORAL) The petitioner, through her legal heirs, (who has died on 15.04.2005) seeks quashing of the order dated 09.08.2000 (Annexure P-8) passed by the Commissioner, Jalandhar Division, Jalandhar, whereby the petitioner has been held to be unauthorized occupant of the premises bearing No. HIG 903-B, Housing Board Colony, Ranjit Avenue, Amritsar and she has been accordingly ordered to be ejected. It is stated by learned counsel for the petitioner and is C.W.P NO. 5321 OF 2001 (O&M) -2- admitted by learned counsel for the respondents that in the civil suit filed by the petitioner, the issue regarding ownership/title qua the said property has been decided in the petitioner's favour and the said judgment has already been upheld by this Court in R.S.A No. 4681 of 2001 decided on August 16, 2002, a copy of which has been appended as Annexure P-11. That being so, the impugned order of vacation passed on the premise that the petitioner is in unauthorized occupation, cannot sustain in law and the same is hereby quashed. The writ petition is accordingly allowed. MARCH 25, 2009 (SURYA KANT) shalini JUDGE