JUDGEMENT
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(1.)This revision petition is directed against order dated 25.9.2008 passed by Sub Divisional Officer (Civil), exercising the powers of Collector under the Punjab Public Premises Act, 1973, Amloh under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, whereby, the proceedings before it have been adjourned sine die to await the decision of the Civil Suit alleged to have been filed by both petitioner as well as respondents No. 2 and 3.
(2.)Brief facts of the case are that dispute is with regard to a street, which is allegedly in unauthorized occupation of respondents No.2 and 3, is a passage meant for public at large. Respondents No.2 and 3 filed a Civil Suit No. 283 on 21.7.2003 for permanent injunction restraining the Municipal Council not to dispossess them from the property in dispute in which following order was passed on 21.7.2003:
Written Statement and reply not ready. Adjournment is requested. Be filed on or before 6.8.2003. In the meantime, status quo regarding possession be maintained. However, the defendant shall be at liberty to take possession in due course of law, it be registered.
(3.)During the pendency of the aforesaid suit, petitioner filed a Civil Writ Petition bearing No. 16416 of 2003 against the State of Punjab including both the private respondents seeking the following relief:
(a) Issue a writ in the nature of mandamus directing the respondents to comply with the provisions of Section 50-A and 50- B read with Section 52 of the Punjab Municipal Act, 1911.
(b) issue a writ in the nature of mandamus directing the respondents to ensure the removal of unauthorized occupation from the Government land - passage and further for directing the respondents not to accept tehbazari from the private respondent for any further period as it leads to blocking of the passage to the house of the petitioner.
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