CWP-28103-2024(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-28103-2024(O&M) Date of decision : 02.09.2026 Bijender and others ... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MS. JUSTICE DIVYA SHARMA Present: Mr.Divyam Singh, Advocate for the petitioners. Mr. Pradeep Prakash Chahar, Addl.A.G. Haryana. Mr. Badal Malik, Advocate for Mr.Robin Lohan, Advocate for respondent no.5. Mr.Varun Veer Chauhan, Advocate for respondent no.6. VIKAS BAHL, J.(ORAL) 1. This is a Civil Writ Petition 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 14.10.2024 (Annexure P-9) issued by respondent no.4. Other prayers have also been made. 2. On 18.10.2024, this Court was pleased to pass the following order:- “Present: Mr. Vikram Singh, Advocate for the petitioners. ..... Inter alia contends that ex-parte proceedings were initiated on 17.07.2014 and eviction order was passed on 24.07.2014. It is DAVINDER KUMAR 2026.09.04 15:44 I attest the accuracy and authenticity of this order / judgment CWP-28103-2024(O&M) 2 submitted that the ex parte order was set aside the by Assistant Collector on 30.10.2023 and respondent no.6 had also filed an appeal against the said order which is pending. Notice of motion. Mr. Saurabh Mago, DAG, Haryana accepts notice on behalf of respondents no.1 to 5 and submits that orders of the eviction petition have already been implemented on 16.10.2024 qua petitioner no.5 because of contempt proceedings initiated. To come up on 15.01.2025 for service of respondent no.6. Let a status report in the matter be filed on or before the next date of hearing. Accordingly, status quo shall be maintained with respect to possession of petitioners no.1 to 4, in the meantime. 18.10.2024” 3. Learned counsel for the respondents have pointed out that, against the order dated 30.10.2023, vide which the application filed by the petitioners for setting aside ex-parte order was allowed, respondent no.6 had filed an appeal and the said appeal had been allowed by the Collector vide order dated 26.11.2024. It is submitted that thus, the present petition has been rendered infructuous. 4. Learned counsel for the petitioners has submitted that, against the order dated 26.11.2024, the petitioners have inadvertently filed a revision petition, although against the said order, the revision petition is not maintainable and proper course is to file a writ petition against the same. It is submitted that in the said circumstances, the petitioners be permitted to withdraw the present writ petition and the petitioners would withdraw the said revision petition and would file an appropriate petition and has prayed that for a period of 15 days, the interim order passed by the Co-ordinate DAVINDER KUMAR 2026.09.04 15:44 I attest the accuracy and authenticity of this order / judgment CWP-28103-2024(O&M) 3 Division Bench dated 18.10.2024 be continued. 5. Learned counsel for the respondents have submitted that the grant and continuance of said order should not be construed as an expression of opinion on the merits of the case. 6. Keeping in view the above said facts and circumstances, the petitioners are permitted to withdraw the present petition with the following observations / directions:- i) It would be open to the petitioners to withdraw the revision petition and to file an appropriate writ petition to challenge the order dated 26.11.2024 along with the said order. In case any such challenge is made, the same would be considered independently, in accordance with law. ii) For a period of 15 days from today, the interim order dated 18.10.2024 would continue. The grant and continuance of the said interim order should not be construed as an expression of opinion on the merits of the case and subsequent challenge to the same would be considered independently. (VIKAS BAHL) JUDGE (DIVYA SHARMA) JUDGE September 02, 2026. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.09.04 15:44 I attest the accuracy and authenticity of this order / judgment