Anil Kumar Sethi v. State Of Haryana And Another

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 19860 of 2018 Date of Decision: January 10 , 2020.

Anil Kumar Sethi ...... PETITIONER (s)

Versus

State of Haryana and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioner-in-person.

Ms. Safia Gupta, AAG, Haryana.

Ms. Nupur Sood, Advocate for Mr. Namit Gautam, Advocate for respondent No.2.

*****

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? ***** LISA GILL, J.

This writ petition has been filed seeking quashing of order dated 20.02.20218 passed by learned District Magistrate, Faridabad. The petitioner is present in-person. He submits that that his counsel is not present due to grave illness of the counsel's sister. He presents Driving License and PAN Card as proof of his identity. Photocopies thereof are taken on record subject to just exceptions.

[2] The petitioner as well as learned counsel appearing for respondent No.2 submit that the entire dispute between the parties has been amicably resolved before the Hon'ble Supreme Court of India in Special Leave to Appeal (C) Nos.18325-18326 of 2018. The certified copy of order dated 20.08.2019 passed by the Hon'ble Supreme Court, furnished in Court today, is taken on record subject to just exceptions. The relevant part of the order relating to the settlement arrived at between the parties reads as under:- "A joint proposal has been made by learned counsel for the parties, on instruction from the parties who are present in Court, that the share of the petitioner in the property being 25% would stand transferred to the three respondents on payment of a sum of Rs.70,00,000/- in full and final settlement of the claim of the petitioner.

It is further agreed that out of Rs.70,00,000/-, a sum of Rs. 40,00,000/- will be deposited in this Court within 15 days from today and the balance 30,00,000/- will be deposited within a period of 6 months from today. On the deposit of the said amounts, the claim of the petitioner shall stand satisfied.

Since there is a hiatus period between the deposit of the first amount and the second amount, the first amount so deposited will be kept in FDR for a period of 6 months so that it can earn interest for the benefit of the petitioner.

On the deposit of the full amount of Rs.70,00,000/-, the petitioner will hand over vacant and peaceful possession of the portion of the property in his possession to respondent No. 2, as agreed. Thereafter, it will be open to the petitioner to forthwith withdraw the amount deposited in this Court. It is further agreed that any proceedings pending against each other will stand withdrawn."

In view of the settlement, the petitioner seeks to withdraw this petition.

[3] Keeping in view the specific stand of the parties, this petition is dismissed as withdrawn.

( LISA GILL ) January 10 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No