CWP No.9403 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 9403 of 2008 Date of Decision: 15 - 10 - 2009 Smt.Mohinder Kaur ....Petitioner v. Chandigarh Administration and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.S.S.Sodhi, Advocate for the petitioner. Mr.K.K.Gupta, Advocate for respondents No.1 to 3. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order Civil Writ Petition Nos.9403, 9407 and 13357 of 2008 shall be disposed of. It is a common ground in the writ petitions that the petitioners were having a license of cart/hawker for sale of luggage/other goods in Bijwara Market, Sector 22-D, Chandigarh and they were uprooted when the Rehri Market was destroyed in the fire and in lieu thereof built up booths were to be allotted to them. Petitioners claim that Annexure P16 order passed by the Estate Officer on 7.11.2007 is liable to be set aside as the same is against the facts. It is stated that the impugned order is based on the report of Tehsildar and the Screening Committee that CWP No.9403 of 2008 [2] business in the Rehri Market was not carried by the petitioners but by some other persons. Petitioners have placed on record the affidavit and the documents to show that the business was carried by the petitioners and the findings in the impugned order are not based on true facts. On observation made by this Court that disputed questions of fact cannot be entertained in writ jurisdiction, counsel for the petitioners has prayed that they may be relegated to the Civil Court. However, counsel has submitted that petitioner are very poor person sand they are only bread earners of their families. Counsel state that since the Civil Court will take long time to determine the issue, this Court should grant indulgence and order that the Civil Court should decide the suit within the specified time. To this prayer, Mr.Gupta has raised no objection. It is agreed between the parties that in case the civil suits are filed by the petitioners, they will avail three opportunities to adduce their evidence and similarly the respondents shall also avail three opportunities to produce their evidence. If the parties to the writ petition adhere to this arrangement, the civil court is directed to decide the civil suits within three months from the dates of institution. The petitioners will be at liberty to impugn the order passed by the Estate Officer along with the order passed by the Appellate Authority. With these observations, the writ petitions are disposed of. ( KANWALJIT SINGH AHLUWALIA ) October 15, 2009. JUDGE RC