Dhian Singh vs State of Punjab and Another

Ajay Tewari, J.—Notice of motion.

Ms. Kavita Arora, learned AAG, Punjab accepts notice on behalf of the respondents.

Learned counsel for the petitioner undertakes to supply two copies of the petition to the learned AAG during the course of the day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply (ies)/affidavit(s), at this stage.

Counsel for the petitioner has very fairly stated that he does not challenge the re-fixation but limits his claim only to the recovery proceedings, since there was no fraud or misrepresentation on the part of the petitioner.

Counsel for the respondents states that since the petitioner is not challenging re-fixation, the recovery matter would be covered by the decision of this Court in Budh Ram and Others Vs. State of Haryana and Others, . She further states that in case there is no fraud or misrepresentation on the part of the petitioner, no recovery would be made from him.

Resultantly, this writ petition is disposed of with a direction to respondent No.2 to examine the case of the petitioner in terms of the judgment of this Court in Budh Ram and others'' case (supra) within two months from the receipt of a certified copy of this order.

Copy of this order be given dasti to counsel for the respondents under the signatures of the Court Secretary.