CWP No.5611 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5611 of 2008 (O&M) Date of Decision: 07.02.2011 **** Gyan Chand . . . . Petitioner VS. State of Haryana & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Arun Jain, Senior Advocate with Mr. Brijender Kaushik, Advocate for the petitioners Mr. RS Kundu, Addl. AG Haryana **** SURYA KANT J. (ORAL) (1). The petitioners are aggrieved by the notice-cum-order dated 11.03.2008 (Annexure P7) passed by the Estate Officer-cum-Deputy Commissioner, Excised Area, Ambala Sadar declaring them to be in an ‘unauthorized occupation’ of the Government land bearing H.No.4311/B, BD Flour Mill, Ambala Cantt. and directing them to hand over its possession to the Assistant Estate Officer-cum- Executive Officer, Excised Area, Municipal Council, Ambala Sadar. (2). It may be mentioned here that the Estate Officer-cum- Deputy Commissioner, Ambala Sadar had earlier passed CWP No.5611 of 2008.doc - 2 – an order dated 09.08.2002 (Annexure P2) whereby the lease rights in respect of the above-mentioned property was cancelled and the petitioners were directed to hand over the possession of the land within 30 days. (3). Aggrieved by the said order, the petitioners filed a Civil Suit in which ad interim injunction has been granted in their favour. It is stated that the parties are leading their respective evidence in the Civil Suit. (4). Since the impugned order dated 11.03.2008 (Annexure P7) is an off-shoot of the previous notice/order dated 09.08.2002 (Annexure P2) which is already the subject matter of challenge before the Civil Court, I deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner-cum-Estate Officer, Excised Area, Ambala Sadar to keep the further action pursuant to the impugned notice dated 11.03.2008 (Annexure P7) in abeyance till the decision of the Civil Suit. (5). The learned Civil Court is directed make an endeavour to decide the Civil Suit within a period of six months from the date of receipt of a certified copy of this order. (6). This order shall, however, be not taken as an expression of views on the merits of the case. (7). Ordered accordingly. Dasti. CWP No.5611 of 2008.doc - 3 – 07.02.2011 vishal shonkar (S u r y a K a n t) Judge