C.W.P. No. 14778 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14778 of 2008 Date of Decision : April 20, 2011 Ajit Singh and others .... PETITIONERS Vs. State of Punjab and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Sumeet Mahajan, Sr. Advocate, with Mr. Sham Lal Bhalla, Advocate, for the petitioners. Ms. Monica Chibbar Sharma, DAG, Punjab. None for respondent No. 2. Mr. Puneet Sharma, Advocate, for respondent No. 3. Mr. Kanwaljit Singh, Sr. Advocate, with Ms. Sukhwinder Kaur, Advocate, for respondent No. 4. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Documents i.e. Annexures AB/1 to AB/4 produced by counsel for the petitioners in Court are taken on record as the counsel for the respondents have no objection to the same. The petitioners had filed the writ petition praying for a mandamus to transfer a plot i.e. Departmental Store measuring 500 sq. C.W.P. No. 14778 of 2008 2 mtr. in the Development Scheme of 129 Acre (Raj Guru Nagar), Ludhiana in favour of the petitioner. The said writ petition was allowed by this Court vide order dated 14.07.2009 which reads as follows:- “ Petitioners, by filing this writ petition, pray that a writ of mandamus be issued to the respondents to transfer a plot i.e. a Departmental Store measuring 500 sq. meter in the Development Scheme of 129 Acre (Raj Guru Nagar), Ludhiana to the petitioner. On 04.05.2009, following order was passed by this Court:- “ There is again a written request for adjournment made on behalf of respondent No. 2-Improvement Trust.” Having gone through the prayer made in this writ petition and the fact that the matter has been adjourned several times, last opportunity is granted to respondent No. 2 to file the counter-affidavit, if any. Adjourned to 14.07.2009. Meanwhile, the Chairman and Executive Officer of the Improvement Trust, Ludhiana are directed to consider the request of the petitioner for transfer of the plot and settle the claim before the adjourned date, failing which both of them shall remain present in Court to show cause as to why exemplary costs be not imposed upon them. Let a copy of this order be supplied to learned C.W.P. No. 14778 of 2008 3 counsel for respondent No. 2 Dasti for information and compliance thereof.” In compliance to order mentioned above, Chairman and Executive Officer of the Improvement Trust, Ludhiana are present in person. Their counsel states that original file of allotment is lying with the Vigilance Department. It has further been stated that the Improvement Trust has no objection in transferring this plot to the petitioners. He has only prayed that let the petitioners file an indemnity bond that in case some deficiency is found in their allotment by the Vigilance Department, then they will comply with that deficiency or may be, the authority be at liberty to take action as per law. To the suggestion made by the counsel for the respondent No. 2, counsel for the petitioners has no objection. In view of the above, this writ petition is disposed of and respondent No. 2 is directed to transfer plot, allotted to the petitioners in their name subject to petitioners' filing an indemnity bond in terms of the offer made as mentioned above. Let the indemnity bond be filed within 15 days from today. The respondent No. 2-Trust shall transfer the plot within 7 days thereafter. This petition stands disposed of.” After passing of the above order, an application for recall of the said order was filed by Swaran Singh Grewal, who stated that he had filed civil suits pertaining to the said property and, therefore, was an interested C.W.P. No. 14778 of 2008 4 and necessary party and without he being heard, the order could not have been passed. On the plea of the applicant, his impleadment was allowed and he became respondent No. 4. The order dated 14.07.2009 was recalled by this Court vide order dated 05.09.2009 and the case was fixed for hearing. It has so transpired that during the pendency of the writ petition, a compromise has been entered into between the petitioners and respondent No. 4 which fact is admitted by the counsel for the parties in Court today. According to the said compromise, respondent No. 4 has withdrawn all his civil suits qua the property in question. Orders passed by the Courts in the civil suits were pending which have also been placed on record as Annexures AB/3 and AB/4. In the light of the compromise, counsel for the parties submit that the original order dated 14.07.2009 may be made effective as none of the parties has any objection to the same. Having heard the counsel for the parties and in the light of the fact that a compromise has been effected between the petitioners and respondent No. 4, who had objected to the order dated 14.07.2009 passed by this Court, the request is accepted. The present petition is disposed of, making the order dated 14.07.2009 passed in this case to be the effective final order as far as the adjudication of the writ petition is concerned. (AUGUSTINE GEORGE MASIH ) April 20, 2011 JUDGE pj C.W.P. No. 14778 of 2008 5