Hardev Chand vs The State of Himachal Pradesh and Others

Mr. Deepak Gupta, J.—This appeal is directed against the judgment dated 4th May, 2007, passed by the learned Single Judge, whereby he dismissed the writ petition on the ground that while exercising writ jurisdiction, this Court will not interfere in the agreed order of the parties.

The grievance of the appellant is that the order though passed on the basis of some settlement arrived at between the parties does not reflect the correct settlement. This matter obviously cannot be gone into in the writ petition and the only remedy available to the appellant would be to approach the authority where the settlement was arrived at for review/modification of the order. Therefore, the present appeal is allowed to the limited extent that the appellant shall be at liberty to approach the authority now exercising the powers of the z. In case such an application is filed within 60 days, the appellant shall be entitled to 3 ask for excluding the period already spent in the writ petition and in this appeal. No costs.