IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1361 of 2011 Date of Decision : March 21, 2011 Brij Kishore Samal Petitioner Versus Divisional Commissioner Shimla and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Ashwani K. Sharma, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl.A.G. and Mr. J.K. Verma, Dy.A.G. for respondent No. 1 and 2. Mr. R. P. Singh, Advocate, for respondent No. 3. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- (A) That Writ in the nature of Certiorari may kindly be passed for the quashing and setting aside of the Orders passed by the Ld. Divisional Commissioner, Shimla Division, Shimla -2 (Respondent No. 1) in Appeal No. 226-1/2010 dated 18.12.2010 wherein the Ld. Appellate Court had affirmed the orders passed by the Collector, Sub-Division Nalagarh (Respondent No. 2) whereby the petitioner had been held unauthorized Occupant and Ordered to be evicted vide order dated 29.4.2010 in case no. 04/09 being ultra vires and non est. 2 2. On 18.3.2011 this Court passed the following order:- “Learned counsel for the petitioner prays for time to vacate the premises till 31.3.2011. The petitioner will file an affidavit before this Court in the writ petition that he will deliver vacant possession on or before 31.3.2011. There shall be no eviction till 21.3.2011. Post on 21.3.2011.” 3. Learned counsel for the petitioner has filed an affidavit undertaking to vacate the premises on 31.3.2011. Therefore, this writ petition is disposed of making it clear that in case the petitioner does not surrender the vacant possession as on 31.3.2011, it will be open to the respondents to take forcible possession of the premises on 1.4.2011. Dasti copy. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. March 21, 2011 (PK/Pankaj)