In this Curative Writ Petition concerning relief under the repealed Displaced Persons Act, the Court held that the petitioner must first approach the competent authority before filing a writ petition. The petition was disposed of with liberty to approach the authority.
Petition disposed of with liberty to approach the competent authority first.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P NO.16172 OF 2006
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision : December 04, 2006
Basant Kaur ............Petitioner
Vs.
State of Haryana etc. ...........Respondents
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. A.K Jain, Advocate for the petitioner(s).
Mr. Ashok Jindal, Additional Advocate General, Haryana.
Viney Mittal, J. (Oral)
Mr. Ashok Jindal, learned Additional Advocate General, Haryana has contended that since the Displaced Persons (Compensation and Rehabilitation) Act, 1954 has been repealed, therefore, the claim made by the petitioner could not be sustained against the present respondents.
After hearing the learned counsel for the parties and taking into consideration, the statement of Sh. Jindal, we find that before approaching this Court seeking relief of Mandamus, the petitioner has not approached the present competent authority, who has to grant the requisite relief as claimed by the petitioner.
In this view of the matter, we dispose of the present petition to approach the competent authority at the first instance before approaching this Court yet again.
C.W.P NO.16172 OF 2006
2
Disposed of with the aforesaid liberty.
( VINEY MITTAL ) JUDGE
December 04, 2006 ( H.S BHALLA ) ritu JUDGE
1 issue framed by the court
Whether a direct writ of Mandamus can be issued to enforce a claim for compensation under the repealed Displaced Persons (Compensation and Rehabilitation) Act, 1954 without approaching the competent a
Basant Kaur
State of Haryana
Viney Mittal
Kuldip Singh Bhalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
