Prithi Pal Singh & Ors vs Haryana State Through Lac on 1 April, 2010

[Cites 1, Cited by 64]

Punjab-Haryana High Court

Prithi Pal Singh & Ors vs Haryana State Through Lac on 1 April, 2010

Bench: Rakesh Kumar Garg

Civil Revision No.2184 of 2010                     1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                              Civil Revision No.2184 of 2010
                              Date of Decision:01.04.2010

Prithi Pal Singh & Ors.

                                                   ....petitioners

                              Versus

Haryana State through LAC, Urban Estate, Gurgaon

                                                   .....respondent

CORAM:         HON'BLE MR.JUSTICE RAKESH KUMAR GARG

1.Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


Present:      Mr.Sunil Rana,Advocate for
              Mr.Amit Jain, Advocate
              for the petitioners
                    ****

RAKESH KUMAR GARG J.(ORAL):

In this revision petition filed by the petitioners under Article 227 of the Constitution of India, the prayer is for setting aside the orders dated 08.05.2009 and 09.05.2009 (Annexures P-1 and P-2) passed by Additional District Judge, Gurgaon, whereby the payment of 50% of the awarded amount of compensation had been ordered to be released on furnishing of security/bank guarantee.

Learned counsel for the petitioners contends that similar order passed by the court below has already been quashed by this Court in Civil Revision No.3912 of 2009 decided on 12.10.2009.

Notice of motion was issued to the respondent. At the asking of the Court Mr.Kulvir Narwal, Additional Advocate General, Haryana accepts notice on behalf of the respondent. Copy of the petition has been supplied to him.

Learned counsel for the petitioners submitted that the orders Civil Revision No.2184 of 2010 2 impugned herein are totally without jurisdiction as there is no interim order passed by this Court in an appeal filed by the State on the basis of which the executing Court could have ordered for release of 50% of the awarded amount of compensation on furnishing of security/bank guarantee by the petitioners. According to the learned counsel, in the absence of any specific order by this court for releasing the payment of 50% of the compensation amount on furnishing of security/bank guarantee, the same should have been released by the executing court unconditionally.

Learned counsel for the respondent, however, could not raise any meaningful argument except that they supported the order passed by the executing court.

I have heard learned counsel for the parties and perused the impugned orders with their assistance.

It is not disputed that there is no interim order passed by this Court on an appeal having been filed by the State. In the absence of the same, the amount was required to be released without any condition and the executing Court was not justified in ordering release of 50% of the compensation amount on furnishing of security/bank guarantee.

Learned counsel for the respondent could not disute the fact that similar order dated 19.01.2009 passed by Additional District Judge, Gurgaon has already been quashed by this Court in Civil Revision No.3912 of 2009 decided on 12.10.2009.

In view of the above, the present revision petition is allowed and the impugned orders are set aside to the extent whereby it directs the petitioners to furnish security/bank guarantee for the release of 50% of the amount.

Disposed of (RAKESH KUMAR GARG) JUDGE 01.04.2010 neenu

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