N Venkatesh Reddy & Others vs Bank Of Baroda & Others

Krishna S.Dixit, J

The petitioners are knocking at the doors of writ court essentially for a direction to the respondent-Bank not to cause their eviction from the said properties for a period of one month and to restore possession if evicted. Learned Panel Counsel for the respondent-Bank although initially opposed the proposal of the petitioners, now graciously agrees that the undertaking be taken from them and a period of one month be granted for vacating the premises on their own and peaceably.

Learned counsel for the respondent-Bank also submits that after a period of one month, if the petitioners fail to vacate the premises in question peaceably, the police should be directed to physically remove them from the premises. To this proposal too learned counsel for the petitioners on instructions agrees.

The Memo filed by the learned counsel for the petitioners reads as under:

“The petitioners herein submit that the petition & their tenants herein require one month from today to vacate from the 4 schedule properties & agree that they may be vacated after one month from today if they do not. Hence this Hon’ble Court may be pleased to take the same on record in the interest of justice & equity.”

In the above circumstances, this petition is disposed off granting a period of one month only for the petitioners to vacate the premises on their own and peaceably. The respondent-Bank shall deliver back the said properties to the petitioners forthwith and permit their occupation as before.

If the petitioners do not abide by this undertaking, their act would amount to contempt of this Court for which action may be levied. The Jurisdictional police are directed to ensure physical removal of the petitioners from the premises in question should they fail to vacate the premises as undertaken above, by using reasonable force.