High Court of Punjab and HaryanaCWP/14359/2015allowed

Ramesh Chand And ANR v. State Of Haryana & ORS

2017-03-21Mr Justice Jaswant Singh1 pages

CWP-14359-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14359-2015 Date of Decision :21.03.2017 RAMESH CHAND AND ANR .....Petitioners

Versus

STATE OF HARYANA & ORS .....Respondents CORAM : HON'BLE MR. JUSTICE P.B.BAJANTHRI

Present:

Mr. Deepak Sonak, Advocate for the petitioners.

Dr. Sushil Gautam, DAG, Haryana.

*** P.B.BAJANTHRI, J. (ORAL) In the instant petition the petitioners has questioned the validity of order dated 01.07.2015 (Annexure P-6 & P-7) by which refixation and recovery has been ordered.

Learned counsel for the petitioners fairly submitted that they are concerned with the only recovery part and not refixation. Insofar as the recovery question is concerned, learned counsel for the respondent-State is not disputing that the matter is covered by the decision passed by Supreme Court in the case titled as State of Punjab and others etc. vs. Rafiq Masih 2015(4) SCC 334.

Accordingly order dated 01.07.2015 (Annexure P-6 & P-7) are set aside to the extent of recovery only.

The petition stands allowed in part.

(P.B.BAJANTHRI) JUDGE March 21, 2017 Sunil Devi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SUNIL DEVI 2017.03.27 14:05 I attest to the accuracy and integrity of this document