Punjab-Haryana High Court
Indo Swiss Time Ltd vs Land Acquisition Collector on 17 October, 2014
Author: Surya Kant
Bench: Surya Kant, Surinder Gupta
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
****
CM-10855-56-CWP-2014 in CWP-10456-1993 Date of Decision: 17.10.2014.
**** M/s Indo Swiss Time Limited & Anr. ...Applicant/petitioners vs. State of Haryana & Ors. .... Respondents **** CORAM : Hon'ble Hon'ble Mr.Justice Surya Kant Hon'ble Mr. Justice Surinder Gupta **** Present: Mr. Ramandeep Singh, Advocate for applicant/petitioners Mr. SS Pattar, Sr.DAG Haryana Mr. Gitish Bhardwaj, Advocate for HUDA **** SURYA KANT J.
(1) This review application seeks to recall the order dated 11.07.2013 whereby CWP No.10456 of 1993 filed by the review- applicant has been disposed of in terms of the order of even date passed in CWP No.651 of 1984 (Bharat Singh & Ors. vs. State of Haryana & Ors.).
(2) The above-stated order is sought to be recalled on the ground that the subject writ petition had in fact been dismissed as withdrawn way back on 24.09.1999 on the basis of an agreement executed between the petitioner and the State Government. It is averred that despite withdrawal of the writ petition, the Registry inadvertently kept on showing it as a pending case and even the presence of one or the other counsel was also marked.
(3) Notice of this application was issued. On verification of the V.VISHAL record, learned State counsel fairly admits that the review applicant's 2014.11.17 11:19 I attest to the accuracy and authenticity of this document CM No.10855-56 of 2014 -2- writ petition had already been dismissed as withdrawn vide order dated 24.09.1999 which reads as follows:-
"Prayer made in this application is to withdraw civil writ petition No.10456 of 1993. It is contended that in the month of July, 1999 an agreement has been executed between both the parties and in view of the said agreement, petitioner wants to withdraw this petition.
In view of this submission, Civil Writ Petition No.10456 of 1993 shall stand dismissed as withdrawn."
(4) As the facts would speak for themselves, CWP No.10456 of 1993 was not pending after 24.09.1999. It was still shown to be lying pending due to inadvertent error of the Registry. Since the review applicant's writ petition had already been dismissed as withdrawn, it could not have been disposed of on 11.07.2013 in terms of the order passed by us in Bharat Singh and others case. (5) For the reasons afore-stated, the review application is allowed; the order dated 11.07.2013 passed in CWP No.10456 of 1993 is withdrawn and it is clarified that the said writ petition has already been dismissed as withdrawn vide order dated 24.09.1999.
(6) Disposed of.
(Surya Kant)
Judge
(Surinder Gupta)
Gupta)
17.10.2014
.10.2014
vishal shonkar
Judge
V.VISHAL
2014.11.17 11:19
I attest to the accuracy and
authenticity of this document