IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No. 2829 of 2011 in/and Civil Writ Petition No. 2111 of 1988 Date of decision:23rd May, 2011 Devinder Kumar and others .......Petitioners Versus State of Punjab and others ........Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Dinesh Ghai, Advocate for the petitioners. Mr. T.S.Gujral, Advocate for respondent No. 3. Jasbir Singh, J.(Oral) Civil Misc. No. 2829 of 2011 This application has been filed under Order IX Rule 8 read with Section 151 C.P.C. to recall an order dated 5.01.2011 dismissing the Civil Writ Petition No. 2111 of 1988 for non- prosecution. In this application, it is stated that non appearance of the counsel on the date fixed was not deliberate. Application is accompanied by an affidavit of the counsel. In view of the averments made therein, the application is allowed and order dated 5.01.2011 is recalled. This petition i.e. civil writ petition is restored at its original number. CWP No. 2111 of 1988 At request made by the counsel for the petitioner, the main case is taken up on board for hearing today itself. At the time of the arguments, Civil Misc. No. 2829 of 2011 in/and Civil Writ Petition No. 2111 of 1988 the counsel for the parties, candidly states that dispute contain in this writ petition is squarely covered by the ratio of the judgment of a Single Bench of this Court in CWP No. 9348 of 1987 titled as Gurmukh Singh vs. State of Punjab decided on 5.09.1988, the order was further modified by Letters Patent Appeal No. 89 of 1989 titled as The Ropar Improvement Trust, Ropar vs. Kesar Singh and others decided on 26.10.1990. In view of the statement made above by the counsel for the parties, we dispose of this civil writ petition in terms of the judgment rendered in Gurmukh Singh's case(supra) and Kesar Singh's case (supra). [JASBIR SINGH] JUDGE [RAKESH KUMAR GARG] JUDGE 23rd May, 2011 Shivani Kaushik 2