CWP-16047-1997 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CWP-16047-1997 (O&M) Date of Decision : 15.07.2026 The Yadavindra Public School Association, Patiala ...... Petitioner versus The State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. S.K. Garg Narwana, Senior Advocate with Ms. Khushi Bhatia, Advocate and Mr. Gajjwal Jaiswal, Advocate for Mr. K.S. Kang, Advocate for the Petitioner. Mr. Amit Shukla, DAG, Punjab. **** PANKAJ JAIN, J. (Oral) 1. By way of present writ petition, the petitioner assailed order of eviction dated 28.07.1997 (Annexure P-7) passed by Commissioner, Patiala Division, Patiala upholding the order of eviction dated 13.02.1991 passed by Collector under the Punjab Public Premises Act, 1973. 2. Apart from merits, the petitioner alleges malafides against respondent No.2, who was acting as Commissioner, Patiala Division Patiala at the relevant point of time. The writ petition was dismissed in limine by Division Bench vide detailed order dated 05.11.1997. The petitioner assailed the order passed by Division Bench in Civil Appeal No.3376 of 1998. The Supreme Court allowed the appeal vide order dated 17.07.1998 observing as under:- “The Appeals above-mentioned being called on for hearing before this Court on the 17th day of July, 1998; UPON perusing the record and hearing counsel for the appearing parties above- mentioned, THIS COURT without expressing any opinion on DINESH KUMAR 2026.07.20 19:20 I attest to the accuracy and integrity of this document CWP-16047-1997 (O&M) the merits of the case DOTH in allowing the appeal ORDER: 1. THAT the Judgment and Order dated the 5th November, 1997 of the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 16047 of 1997 be and is hereby set aside and Civil Writ Petition No. 16047 of 1997 be and is hereby restored to the file of the aforesaid High Court with the direction that the said High Court shall decide the same on merits in accordance with law after giving an opportunity to the person concerned to file an affidavit; 2. THAT the appellant herein shall not be dispossessed from the premises in dispute pending disposal of the aforesaid Writ Petitions in the High Court; AND THIS COURT DOTH FURTHER ORDER that this ORDER be punctually observed and carried into execution by all concerned; WITNESS the Hon'ble Shri Madan Mohan Punchhi, Chief Justice Supreme Court, New Delhi, dated this the 17th day of July, 1998.” 3. The writ petition was ordered to be admitted vide order dated 14.10.1998 and dispossession of the petitioner was stayed. The stay order has continued to operate for almost 28 years. 4. This Court deems it appropriate to dispose off the present writ petition by setting aside the order Annexure P-7 which the petitioner claims to be punctuated by malafides. Commissioner, Patiala Division, Patiala shall decide the appeal afresh in accordance with law. 5. Parties to appear before the Commissioner, Patiala on 10.08.2026. 6. Till appeal is finally decided, possession of the petitioner shall remain stayed. (PANKAJ JAIN) JUDGE 15.07.2026 Dinesh Whether speaking/reasoned Yes Whether Reportable : No DINESH KUMAR 2026.07.20 19:20 I attest to the accuracy and integrity of this document