Partly allowed

Lakhpat Rai Aggarwal v. State of Haryana & Anr.

Punjab & Haryana HC15 Oct 2015CWP/2636/2015

Case brief

AI extract

What is this about?

This court allowed a civil writ petition partially. It directed the release of ₹1,50,000/- with 7% annual interest after the monetary claim is raised against the Gram Panchayat, barring execution of a sale deed.

What did the court decide?

Release of ₹1,50,000/- with 7% interest allowed subject to adjustment against Gram Panchayat; execution of sale deed barred.

Lakhpat Rai Aggarwal Vs State of Haryana & Anr. — Landlord and Tenant | Punjab & Haryana HC (2015)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.2636 of 2015 Date of Decision: October 15, 2015

Lakhpat Rai Aggarwal

....Petitioner

versus

The State of Haryana and others

¶7

....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.

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Present: Mr.Satyapal Khatri, Advocate, for the petitioner. Mr.Anil Mehta, Deputy Advocate General, Haryana. Mr.Aakash Singla, Advocate, for respondent No.3.

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-.-

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

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

¶14

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Surya Kant, J. (Oral)

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As per Mr.Anil Mehta, learned Deputy Advocate General, Haryana, on instructions from the Deputy Commissioner, Sonepat that the payment could not be released to the petitioner as the Gram Panchayat has not handed-over its records to the Municipal Corporation.

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We are not impressed by the explanation for the simple reason that the Deputy Commissioner is enjoyed upon ample powers under the Haryana Panchayati Raj Act to take action against the erring Sarpanch and the Panchayat Secretary who is stated to be the custodian of records. However, in the light of the alternative submission made on behalf of the Deputy Commissioner, Sonepat, namely, as soon as the petitioner would put-forth his claim, the amount shall be

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MOHINDER KUMAR 2015.11.02 11:35 I attest to the accuracy and authenticity of this document Chandigarh

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CWP No.2636 of 2015 [2]

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released by the Municipal Corporation, we leave it to the petitioner to raise such claim within two weeks and on doing so, the amount of Rs.1,50,000/- shall be released to him alongwith interest @ 7% per annum, subject to adjustment of his claim and/or set-off against the Gram Panchayat.

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In view of the above direction, the other relief sought by the petitioner, namely, for execution of sale deed, cannot be entertained. The writ petition is allowed in part in above terms.

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Dasti. [SURYA KANT] JUDGE

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October 15, 2015 [P.B.BAJANTHRI] mohinder JUDGE

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MOHINDER KUMAR 2015.11.02 11:35 I attest to the accuracy and authenticity of this document Chandigarh

Lakhpat Rai Aggarwal v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

Lakhpat Rai Aggarwal v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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