Punjab-Haryana High Court
Rakha Ram vs Union Territory Of Chandigarh And ... on 21 October, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Civil Writ Petition No. 16006 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No. 16006 of 2009
Date of Decision: 21.10.2009
Rakha Ram
...Petitioner
Versus
Union Territory of Chandigarh and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Subhash Ahuja, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
Counsel for the petitioner argued for some time. On the observation made by this Court that the present writ petition contain disputed question of fact and evidence is required to support the averments made in this writ petition, having failed to dislodge this observation, counsel for the petitioner has submitted that he may be relegated to approach Civil Court at first instance.
It was contended by counsel that the petitioner is a Handcart Licensee (Rehari Puller) and his day-to-day survival depend upon allotment of the booth, to which he is entitled, as a fire had engulfed the market where he was carrying on his business on the Handcart/Rehari. Therefore, this Court should grant indulgence to him that in case he approach the Civil Court, the civil suit so filed shall be decided within a specified time.
Civil Writ Petition No. 16006 of 2009 2
Issue notice of motion.
Mr. Anupam Gupta, Advocate, is present in the Court. On the asking of the Court, Mr. Gupta accepts notice on behalf of respondents No.1 to 4. Copy of petition has been furnished to him.
Counsel for the parties are in agreement that in case petitioner file a civil suit, both the parties shall avail only three opportunities each to lead their evidence.
Taking into consideration alternative prayer and submissions made, Civil Court is requested that in case petitioner prefer a civil suit, the proceedings arising thereof be concluded within one year.
With these observations, present writ petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge October 21, 2009 "DK"