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2024 Supreme(P&H) 215

VIKAS BAHL
Om Parkash – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Ms. Aashna Gill, Ms. Neha Sonawane DAG, Punjab, Ms. Sumanjit Kaur

Judgment

Mr. Vikas Bahl, J.

Present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the letter dated 16.08.2023 (Annexure P-3) issued by respondent No.2 whereby he has refused to execute the eviction orders dated 06.06.2017 (Annexure P-1) and dated 08.06.2022 (Annexure P-2) passed in favour of the petitioner.

2. On 06.11.2023, this Court was pleased to pass the following order:-

“Learned counsel for the petitioner has submitted that inspite of the fact that the eviction order in favour of the petitioner has attained finality, the Deputy Commissioner, Patiala has dismissed the application for execution. It is further submitted that once the order has attained finality, the Executing Court cannot go beyond the order passed. It is stated that the petition for eviction at any rate is maintainable in view of the law laid down by the Hon’ble Supreme Court in case titled as “Smt. S Vanitha Vs. The Deputy Commissioner Bengaluru Urban District & Ors., reported as 2021 (15) SCC 730 and the said judgment has been followed by this Court in CWP-15170-2023 titled as “Ravi Kumar Vs. Deputy Commission

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