IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5796 of 2007 DATE OF DECISION : 11.11.2008 Dr. Om Parkash Sharma .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Arvind Singh, Advocate, for the petitioner. Mr. Gagandeep Singh Wasu, DAG, Haryana, for respondents No.1 and 2. Mr. Rajesh Lamba, Advocate, for respondent No.3. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, against whom an order of eviction has been passed by the Collector under the provisions of the Public Premises Act, has filed this petition under Article 226/227 of the Constitution of India for setting aside the order dated 31.1.2007 (Annexure P-6), whereby the claim of the petitioner under the policy decision dated 1.2.2006 (Annexure P-2) for selling the demised premises to him has been rejected, on the ground that the ejectment order has already been passed against him. Undisputedly, as per the averments, made in the petition, the CWP No. 5796 of 2007 -2- appeal of the petitioner against the eviction order is pending before the Commissioner, Ambala Division, Ambala. In view of this fact, learned counsel for the petitioner states that the petitioner may be permitted to withdraw this petition at this stage, with liberty to pursue his appeal and in case his appeal is allowed and possession is given to him, then it will be open to him to again agitate the matter regarding sale of the premises in question, as per the policy decision. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL ) JUDGE November 11, 2008 ( JASWANT SINGH ) ndj JUDGE