Punjab-Haryana High Court
Manisha Gulati vs State Of Punjab And Others on 12 March, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:034722-DB
Neutral Citation No. 2024:PHHC:034722 -DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(102) CM-1590-LPA-2024 in/and
LPA-402-2023
Decided on : 12.03.2024
Manisha Gulati ......Appellant(s)
Versus
State of Punjab and others ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MS.JUSTICE LAPITA BANERJI
Present: Mr. Gurminder Singh, Advocate General, Punjab
assisted by Ms. Harpriya Khaneka, Deputy Advocate General, Punjab
for the applicant/respondents.
Mr. Chetan Mittal, Senior Advocate
assisted by Mr. Mayank Aggarwal, Advocate
for the non-applicant/appellant.
*****
G.S. Sandhawalia, Acting Chief Justice (Oral)
CM-1590-LPA-2024
Application has been filed for grant of leave/permission to allow
the State Government to appoint Chairperson of the Punjab State Commission
for Women, in view of the earlier order dated 17.04.2023.
It is the case of the State that since vide the said order, the
Coordinate Bench had noticed that since the process for appointment to the
said post has been initiated, it had been ordered that, the same was not to be
finalized without the leave of the Court. As per the application, the Selection
Committee had met on 06.07.2023 and shortlisted three names for the said
post, as per Annexure A-1 and the said names were recommended to the
Hon'ble Chief Minister, Punjab for appointing one suitable applicant to the
said post.
It is a matter of record that the writ petitioner/appellant herein had
been granted an extension of the term for three year vide notification dated
18.09.2020 (Annexure P-6) from 19.03.2021 to 18.03.2024, which is now
coming to an end. Even otherwise the said extension was withdrawn on
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Neutral Citation No:=2024:PHHC:034722-DB
CM-1590-LPA-2024 in/and LPA-402-2023 -2
07.03.2203 (Annexure P-12), which was subject matter of challenge before the
learned Single Judge in CWP-5198-2023, which was dismissed on 28.03.2023.
The present appeal arises out of the said judgment. Vide interim order dated
31.07.2023, the appellant was also permitted to continue to occupy the house
till the next date. Even otherwise the term of the appellant is coming to an
end.
Faced with this situation, Mr. Mittal submits that he has
instructions that the appellant does not want to press the present appeal,
provided she be given protection to retain the house till 31.03.2024 and no
penal rent would be charged for the period she was in occupation. He further
submits that the appellant would vacate the premises by 31.03.2024.
Resultantly, keeping in view the above, we prepone the hearing of
the main case from 22.04.2024 to today itself. The appeal is taken on board
for hearing. Application is allowed, accordingly.
LPA-402-2023
In view of the above, the present appeal is dismissed as
withdrawn by binding down both the parties to the statement made by the
counsels. However, we clarify that we have not decided the issue on merits
and the question of law, thus, remains open.
(G.S. SANDHAWALIA)
ACTING CHIEF JUSTICE
(LAPITA BANERJI)
12.03.2024 JUDGE
Naveen
Whether speaking/reasoned : √Yes No
Whether Reportable : Yes √No
Neutral Citation No:=2024:PHHC:034722-DB
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