SUCHA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Mr. Ashok Jindal, learned counsel for the applicants seeks permission to withdraw this application for CWP No.11552 of 2007 impleadment, with liberty to agitate his right in a pending civil suit or in appropriate other legal proceedings.

(2.) Present application is dismissed as withdraw, with the aforesaid liberty. Record reveals that petitioner''s mother Smt. Har Kaur has initiated eviction proceedings against the Principal, Community Development Training Centre -- respondent No.6. Since school was established over the land subject matter of eviction proceeding, hence, compromise was arrived at between the lessee and lessor to the effect that land measuring 4 kanals 1 marla bearing Khasra No. 2//24/1 be mutated in the name of Principal Community Development Training Centre and in lieu of that land, alternate site be given to the petitioner''s mother, the lessor. During the pendency of the litigation, petitioner was substituted as legal heir of Smt. Har Kaur, the original lessor. Record further reveals that as per the compromise, petitioner was offered alternate land bearing Khasra No. 549/282, 283, 284 measuring 3 Kanals 14 marlas in revenue estate of Village Sarai, however, that land had already been given to Improvement Trust, Pathankot, for the development works, therefore, it was not made available to be allotted to the petitioner in lieu of his land which has been given to the Principal Community Development Training Centre, Model Town, Batala. Thereafter, another land measuring 15 kanals 14 marlas in Village Siali was offered to the petitioner. Recommendation to allot the land in favour of the petitioner was made by Sub Divisional Magistrate, Pathankot vide letter dated 10.10.2007 (Annexure R-5/5) to the Deputy Commissioner, Gurdaspur.

(3.) Learned counsel for the parties have fairly stated that till day, no order has been passed by the Deputy Commissioner, Gurdaspur, on the recommendation of the Sub Divisional Magistrate, Pathankot, dated 10.10.2007 (Annexure R-5/5).