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2011 DIGILAW 1526 (HP)

Brij Kishore Samal v. Divisional Commissioner Shimla

2011-03-21

KURIAN JOSEPH, SANJAY KAROL

body2011
JUDGMENT Justice Kurian Joseph, C.J. The writ petition is filed with the following prayer:- (A) That Writ in the nature of Certiorari may kindly be passed for the quashing and setting aside of the Orders passed by the Ld. Divisional Commissioner, Shimla Division, Shimla -2 (Respondent No. 1) in Appeal No. 226-1/2010 dated 18.12.2010 wherein the Ld. Appellate Court had affirmed the orders passed by the Collector, Sub-Division Nalagarh (Respondent No. 2) whereby the petitioner had been held unauthorized Occupant and Ordered to be evicted vide order dated 29.4.2010 in case no. 04/09 being ultra vires and non est. 2. On 18.3.2011 this Court passed the following order:- “Learned counsel for the petitioner prays for time to vacate the premises till 31.3.2011. The petitioner will file an affidavit before this Court in the writ petition that he will deliver vacant possession on or before 31.3.2011. There shall be no eviction till 21.3.2011. Post on 21.3.2011.” 3. Learned counsel for the petitioner has filed an affidavit undertaking to vacate the premises on 31.3.2011. Therefore, this writ petition is disposed of making it clear that in case the petitioner does not surrender the vacant possession as on 31.3.2011, it will be open to the respondents to take forcible possession of the premises on 1.4.2011.