- (1.) The instant petition filed under Article 226 of the Constitution prays for quashing of order dated 15.7.2011(Annexure P-8) passed by the District Magistrate, Amritsar vide which he withdrew his earlier order dated 17.9.2010(Annexure P-7) giving police help to the petitioner for taking possession of various properties. There are many other properties to which a reference has been made in the order dated 17.9.2010. The basic reason for withdrawal of the order granting police help to the petitioner is that a civil suit is pending in respect of property of M/s Sohal Hotel Resorts. The District Magistrate had sought the opinion of the District Attorney, Amritsar and on the basis of opinion dated 4.7.2011 the District Magistrate has withdrawn the police help. Mr. Aalok Jagga, learned counsel for the petitioner has argued that civil suit No. 1077 of 16.4.2010 has been filed in which interim order has been passed and the same is confined to one property namely B-13, 185/34, approximately 474 sq. yards, situated at Amritsar Circle No. 109 Abadi Ramsharn Dass Amritsar. According to the learned counsel order dated 3.5.2010 has got nothing to do with a number of other properties. Therefore, other properties would not be covered by the interim directions issued by the civil Court.
(2.) The aforesaid factual position has not been denied by Ms. Sudeepti Sharma, learned DAG Punjab. In view of the above, the writ petition is allowed and impugned order is set aside. The District Magistrate, Amritsar is directed to pass fresh order in accordance with law by accepting the interim order of the civil Court dated 3.5.2010 in respect of property specified therein. He may proceed in accordance with law in respect of other properties.;