Disposed

Hari Chand v. State of Haryana & Ors.

Punjab & Haryana HC30 Aug 2016CWP/17734/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition without adjudicating merits due to factual dispute. The court directed the Land Acquisition Collector to verify the filing of a reference under Section 18 of the Land Acquisition Act, 1894. If found pending, the Collector must forward it to the competent court within two months.

What did the court decide?

Direction to respondent No.2 to verify pendency of Section 18 reference and forward it to competent court if found pending within two months.

Hari Chand Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2016)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

Civil Writ Petition No.17734 of 2016. Date of Decision: August 30, 2016

¶3

Hari Chand ......Petitioner

¶4

versus

¶5

State of Haryana and others .....Respondents

¶6

**CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE SUDIP AHLUWALIA. *****

¶7

Present: Mr.Sudhir Aggarwal, Advocate, for the petitioner.

¶8

-.-

¶9

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

¶10

To be referred to the Reporters or not?

¶11

Whether the judgment should be reported in the Digest?

¶12

¶13

Surya Kant, J . (Oral)

¶14

The petitioner seeks a writ of mandamus to direct the Land Acquisition Collector, Bhiwani-respondent No.2 to refer the reference filed by him under Section 18 of the Land Acquisition Act, 1894 (since repealed) (for short, 'the Act'), for adjudication to the Court of competent jurisdiction. It is averred that the Land Acquisition Collector passed the Award on 03.05.2006 and the petitioner being dissatisfied had filed a reference under Section 18 of the Act which was received in the office of the Land Acquisition Collector-respondent No.2 on 09.06.2016. It is further averred that while similar references have been recently decided by the learned Additional District Judge, Gurgaon but the petitioner's reference was not forwarded for such adjudication.

¶15

As may be seen from the averments, the petitioner has raised a Mohinder Kumar Kamboj 2016.09.08 12:56 I attest to the accuracy and integrity of this documentfactual issue, the correctness of which can be ascertained from the record by Chandigarh

¶16

CWP No.17734 of 2016 [2]

¶17

the Land Acquisition Collector. We thus dispose of this writ petition without expressing any views on merits of petitioner's claim, with a direction to respondent No.2 to verify as to whether or not the petitioner has filed any reference and if it is found pending, let the same be forwarded to the court of competent jurisdiction within a period of two months from the date of receiving a certified copy of this order.

¶18

Ordered accordingly.

¶19

Dasti.

¶20

[SURYA KANT] JUDGE August 30, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

¶21

Mohinder Kumar Kamboj 2016.09.08 12:56 I attest to the accuracy and integrity of this document Chandigarh

Hari Chand v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Hari Chand v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Davinder Singh Nirwal Vs State of Punjab & Anr.

Ram Kishan Saini Vs State of Haryana and Ors.

Tilak Raj and Ors. Vs State of Haryana and Ors.

Sunil Garg Vs State of Punjab & Ors.

Governing Body, Guru Nanak Khalasa College, Yamuna Nagar Vs Verinder Kaur and Others

Poonam Saini Vs State of Haryana and Ors.