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Devender Kumar Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Devender Kumar

Respondent

State of Haryana and Others

Excerpt:


.....reported in the digest ?. present: mr.i.s.pabla, advocate for the petitioner. paramjeet singh, j. (oral) instant writ petition has been filed under articles 226/227 of the constitution of india for quashing the letter no.2285 (annexure p-4) dated 19.01.2009, issued by respondent no.3 intimating that advance rent of 11 months has been exhausted upto 16.04.2008 and raising the impugned demand of rent with interest and penalty upto the month of december, 2008 without delivering the possession of the shop. i have heard learned counsel for the petitioner and perused the record. kumar parveen 2014.07.14 12:12 i attest to the accuracy and integrity of this document cwp no.12715 of 2014 2 there is no document on record to show the terms of auction which was carried out as is evident from the judgment dated 12.03.2012 passed in cwp no.20554 of 2010, titled 'vijay kumar versus state of haryana and others'. reference has been made to terms and conditions of the auction notice which provide that possession of the shop would be delivered within three months to the tenants, but in the present case, no such auction notice been placed on record. having realized the same, learned counsel for the.....

Judgment:


CWP No.12715 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12715 of 2014 Date of Decision: 08.07.2014 Devender Kumar ..Petitioner(s) Versus State of Haryana and others ..Respondent(s) CORAM: HON'BLE Mr.JUSTICE PARAMJEET SINGH1 Whether Reporters of the 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.I.S.Pabla, Advocate for the petitioner.

Paramjeet Singh, J.

(Oral) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the letter No.2285 (Annexure P-4) dated 19.01.2009, issued by respondent no.3 intimating that advance rent of 11 months has been exhausted upto 16.04.2008 and raising the impugned demand of rent with interest and penalty upto the month of December, 2008 without delivering the possession of the shop.

I have heard learned counsel for the petitioner and perused the record.

Kumar Parveen 2014.07.14 12:12 I attest to the accuracy and integrity of this document CWP No.12715 of 2014 2 There is no document on record to show the terms of auction which was carried out as is evident from the judgment dated 12.03.2012 passed in CWP No.20554 of 2010, titled 'Vijay Kumar versus State of Haryana and others'.

Reference has been made to terms and conditions of the auction notice which provide that possession of the shop would be delivered within three months to the tenants, but in the present case, no such auction notice been placed on record.

Having realized the same, learned counsel for the petitioner wants to withdraw the instant writ petition with liberty to file afresh after annexing all the relevant documents.

Dismissed as withdrawn with aforesaid liberty.

08.07.2014 (Paramjeet Singh) parveen kumar Judge Kumar Parveen 2014.07.14 12:12 I attest to the accuracy and integrity of this document


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