Held that the writ petition challenging land acquisition notifications is not maintainable as petitioners had previously filed a writ petition excluding the subject land, thereby giving up the claim.
Writ petition dismissed as not maintainable.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 444 of 2012
Date of decision: 9.1.2012
Daya Chand and ors
…..Petitioners
vs.
State of Haryana and another
…..Respondents
CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL
Present: - Mr. Anil Bansal, Advocate for the petitioners
HEMANT GUPTA, J
Petitioners challenge the notifications dated
17.4.2002 and 10.4.2003 issued under Sections 4 and 6, respectively, of the Land Acquisition Act 1894.
It is admitted by learned counsel for the petitioners that earlier the petitioners filed writ petition bearing No. 9204 of 2004, which was allowed by Division Bench of this Court on 10.4.2004. However no dispute was raised in respect of land, subject matter of the present writ petition.
Petitioner has filed an earlier writ petition by excluding the land, the subject matter of the present writ petition. By filing the previous writ petition, petitioners have given up the claim in respect of the remaining land. The petitioner cannot be permitted to be filed subsequently another writ petition.
2
CWP No. 444 of 2012
In view of the said fact, we do not find any ground
to interfere in the writ jurisdiction of the Court.
Dismissed as not maintainable.
(HEMANT GUPTA)
JUDGE
(A.N.JINDAL) JUDGE
9.1.2012. preeti
1 issue framed by the court
Whether the writ petition is maintainable when petitioners had earlier filed a writ petition excluding the subject land and gave up the claim in respect of it.
Daya Chand and ors
State of Haryana
Hemant Gupta
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
