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Punjab-Haryana High Court

Sandeep Kumar And Others vs State Of Haryana And Others on 8 October, 2010

Bench: Jasbir Singh, Augustine George Masih

CIVIL WRIT PETITION NO. 16784 OF 2010                          -1-




IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.


             DATE OF DECISION: October 8, 2010.


                   Parties Name

Sandeep Kumar and others
                                       ...PETITIONERS.

       VERSUS
State of Haryana and others
                                       ...RESPONDENTS


CORAM:       Hon'ble Mr. Justice Jasbir Singh
             Hon'ble Mr. Justice Augustine George Masih.


PRESENT: Mr. Ajit Malik,
         Advocate, for the petitioners.

             Mr. Vinod S. Bhardwaj, Addl. A.G., Haryana,

             Mr. Deepak K. Sharma, Advocate, for respondent No. 3.


JASBIR SINGH, J. (oral)


JUDGMENT

Reply has been filed on behalf of respondent No. 2. This writ petition has been filed with a prayer that direction be issued to respondent No. 2 to release amount of compensation with regard to acquired land of the petitioners.

Counsel for the parties heard.

It is stated by counsel for the petitioners that the above said amount is not being released to them because they are party in a civil suit filed by respondent No. 3. In this writ petition, a prayer has been made that CIVIL WRIT PETITION NO. 16784 OF 2010 -2- the amount, which is not being disputed by respondent No. 3, be released to the petitioners. Counsel for respondent No. 3 has failed to raise any objection to the prayer made. In the reply filed by the Land Acquisition Collector, it has been stated that he could not release the amount in question because no application was moved by the petitioners. Be that as it may, in view of facts of the case, we direct respondent No. 2 to release that part of the amount of compensation to the petitioners, which is not being disputed by respondent No. 3. In this writ petition, shares of the parties are clearly been mentioned. To allay any fear of respondent No. 3 and the Land Acquisition Collector, let the amount be released against two sound sureties to be furnished by the petitioners. The petitioners are directed to appear before the Land Acquisition Collector, Sector 13, Hisar, within 15 days on any working day, who, after hearing respondent No. 3, shall disburse amount of compensation to the petitioners against sureties for the amount to be released in their favour. Needful be done within a period of six weeks from today. This writ petition stands disposed of.

( JASBIR SINGH ) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE October 8 , 2010.

DKC