CWP No.7335 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7335 of 2008 (O&M) Date of Decision: 28.09.2010 **** Malkiat Singh & Anr. . . . . Petitioners VS. State of Punjab & 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. RS Rangpuri, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). Pursuant to an eviction petition under Section 7 of the Punjab Public Premises Act, 1973 filed by the Municipal Council, Muktsar, the petitioner was ordered to be evicted from the shop in dispute by the Collector, Muktsar on the ground of non- payment of rent. The petitioner’s appeal before the Commissioner, Ferozpur Division, Ferozpur also met with the same fate. (2). Aggrieved, the petitioner has approached this Court. CWP No.7335 of 2008.doc - 2 – (3). On July 19, 2010, after hearing learned counsel for the parties, following order was passed:- xxx xxx xxx xxx xxx "List again on 28.09.2010. Meanwhile, the petitioner is directed to deposit the demanded arrears of rent along with interest @ 9% per annum from the due date, failing which the present writ petition stands dismissed. On deposit of the arrears, the petitioner shall be at liberty to raise the objections against the impugned demand.” xxx xxx xxx xxx xxx (4). In deference thereto, learned counsel for the petitioner states that the entire arrears of rent along with interest have been deposited and the petitioner has also submitted an application/objection(s) for re-calculation of the arrears which are yet to be paid. (5). It is true that the petitioner has forced his own eviction due to non-payment of the rent. However, the object of the eviction proceedings initiated by the respondent-Municipality being recovery of the rent which has since been deposited by the petitioner along with interest @ 9% p.a., the very basis of seeking his eviction appears to have disappeared. CWP No.7335 of 2008.doc - 3 – (6). In these circumstances, the eviction orders dated 07.12.2007 & 20.03.2008 (Annexures P4 & P5, respectively) have lost their hold and are set aside. (7). The respondent-Municipality is further directed to consider and dispose of the application/objection (s) submitted by the petitioner in accordance with the Rules/Policy/Instructions within a period of three months from the date of receipt of a certified copy of this order. (8). It is further directed that the petitioner shall continue to pay the rent to the Municipality as may be revised from time to time and/or as per the agreed terms and conditions. (1). Ordered accordingly. (2). Dasti . (SURYA KANT) JUDGE 28.09.2010 vishal shonkar