High Court of Punjab and HaryanaCWP/17734/2016disposed of

Hari Chand v. State Of Haryana & ORS

2016-08-30Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.17734 of 2016.

Date of Decision: August 30, 2016 Hari Chand ......Petitioner versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Sudhir Aggarwal, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The petitioner seeks a writ of mandamus to direct the Land Acquisition Collector, Bhiwani-respondent No.2 to refer the reference filed by him under Section 18 of the Land Acquisition Act, 1894 (since repealed) (for short, 'the Act'), for adjudication to the Court of competent jurisdiction. It is averred that the Land Acquisition Collector passed the Award on 03.05.2006 and the petitioner being dissatisfied had filed a reference under Section 18 of the Act which was received in the office of the Land Acquisition Collector-respondent No.2 on 09.06.2016. It is further averred that while similar references have been recently decided by the learned Additional District Judge, Gurgaon but the petitioner's reference was not forwarded for such adjudication.

As may be seen from the averments, the petitioner has raised a Mohinder Kumar Kamboj 2016.09.08 12:56 I attest to the accuracy and integrity of this document Chandigarh factual issue, the correctness of which can be ascertained from the record by

CWP No.17734 of 2016 [2] the Land Acquisition Collector. We thus dispose of this writ petition without expressing any views on merits of petitioner's claim, with a direction to respondent No.2 to verify as to whether or not the petitioner has filed any reference and if it is found pending, let the same be forwarded to the court of competent jurisdiction within a period of two months from the date of receiving a certified copy of this order. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE August 30, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.09.08 12:56 I attest to the accuracy and integrity of this document Chandigarh