High Courts(2006) 08 P&H CK 0312

Balwan Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 18 August 2006 · Citation: (2006) 2 ILR (P&H) 604 : (2007) 1 PLR 77 : (2006) 4 RCR(Civil) 460 : (2006) 2 RCR(Rent) 411

HON’BLE JUDGES
Ashutosh Mohunta, J and Nirmal Yadav, J
CASE NUMBER
Civil Writ Petition No. 4863 of 2005

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Judgment

5 paragraphs · 188 words

Ashutosh Mohunta, J. (Oral)

1.

Respondent No. 4 filed an application under Sections 4 and 5 of the Public Premises Act before the Collector, Karnal for eviction of the petitioner. The petitioner also filed an application before the Collector, wherein it was prayed that the question of title be decided first. This application was dismissed by the Collector vide order dated 6.1.2004, Annexure P4 on the ground that the question of title does not arise in the present case.

2.

The petitioner thereafter challenged the order passed by the Collector before the Commissioner which was also dismissed vide order dated 17.9.2004, Annexure P8. Now the petitioner has impugned both the orders, Annexure P4 and P8 for filing the present writ petition.

3.

This writ petition has been filed against the interim orders passed by the Collector as well as the Commissioner. Under the Public Premises Act, the question of title is not to be decided first. Proceedings under the Haryana Public Premises Act are in the nature of summary proceedings.

In view of the above, we find no merit in the writ petition and the same is dismissed.