State Of Haryana And ORS v. Avtar Singh And ORS
2023:PHHC:051193-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH **** CM-1070-LPA-2023 in/and Date of Decision:13.04.2023 **** State of Haryana and others . . . . Appellants Vs.
Avtar Singh and others . . . . Respondents ****
CORAM:
HON'BLE MR JUSTICE M.S. RAMACHANDRA RAO HON'BLE MRS JUSTICE SUKHVINDER KAUR ****
Present:
Ms.Tanisha Peshawaria, DAG, Haryana, for the appellants.
Mr.Som Nath Saini, Advocate, for the applicants/respondents.
**** M.S. RAMACHANDRA RAO, J. (ORAL) CM-1070-LPA-2023 This application is filed by the applicants/respondents for early hearing of the Letters Patent Appeal, which is pending since 2014 and is listed at Sr. No.2016 in the regular list of this Court. Notice of the application.
Ms.Tanisha Peshawaria, DAG, Haryana, accepts notice on behalf of the non-applicants/appellants and states that she has no objection if the application is allowed..
In this view of the matter, with the consent of the parties, hearing of the LPA is advanced to today and the main case is taken on
-2- 2023:PHHC:051193-DB board today itself; and the application for early hearing is accordingly allowed.
This Letters Patent Appeal had been preferred against the order of the learned Single Judge passed on 04.12.2013 in CWP-72161993. Learned Single Judge had allowed the Writ Petition filed by the respondents and set aside the orders dt.27.02.1992 (P11) and 21.05.1993(P12) passed by the appellants No.2 & 1 respectively. In those orders, the said appellants had fixed price of land which was in possession of the respondents. For one parcel of the land the price fixed was 50,000/- per acre and for another parcel of the land it was fixed for 8 lakh per acre.
Counsel for the respondents states that his clients are willing to pay the said amount as fixed by the appellants and do not wish to contest the LPA.
In this view of the matter, on the basis of the statement made by counsel for the respondents, the very Writ Petition, out of which this LPA arises, is permitted to be withdrawn subject to the condition that the respondents pay within two months from today the price determined by the appellants No.1&2 with interest @ 7.5% per annum from 17.02.1992 till the actual date of payment. Within two weeks from today, the appellants shall inform the respondents or the counsel for the respondents the actual amount payable by the
-3- 2023:PHHC:051193-DB respondents to the appellants, and the respondents shall then make the payment within the time aforesaid.
Accordingly, the Letters Patent Appeal is disposed of. Pending application(s), if any, shall stand disposed of. (M.S. RAMACHANDRA RAO) JUDGE 13.04.2023 (SUKHVINDER KAUR) JUDGE