High CourtsSINGLE BENCH(2017) 09 P&H CK 0022

Kamlesh Devi and another vs Union of India and others

Punjab And Haryana At Chandigarh · Decided on 7 September 2017

HON’BLE JUDGES
Arun Palli
RESULT
Disposed
CASE NUMBER
20277 of 2017

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Judgment

30 paragraphs · 304 words
1.

Notice of motion.

2.

On the asking of the court, Mr. Brijeshwar Singh Kanwar,

Advocate, Ms. Safia Gupta, AAG, Haryana and Mr. DK Singal, Advocate

accept notice on behalf of respondent No.1, respondent No.2 and respondent

No.3, respectively.

2.

For the nature of order, I propose to pass in the matter, no

formal written statement(s)/counter-affidavit(s) is required to be filed on

behalf of the respondents, at this stage. Thus, with the consent of the parties,

the petition is being disposed of finally.

4.

This is a petition under Article 226 /227 of the Constitution of

India, praying for a writ in the nature of mandamus directing the respondents

to release the requisite amount as regards solatium and interest in terms of

the decision of this Court in M/s. Golden Iron and Steel Forging v. Union

of India and other, 2011(4) RCR 375 (Civil). Concededly, nothing is

placed on record to show that before institution of this petition, the

petitioners ever served the respondent authorities with any representation or

notice as regards their claim.

5.

Faced with this, learned counsel for the petitioners submits that

let this petition itself be treated as representation and the respondent

authorities be directed to consider and decide the same within a specified

time.

6.

In response, learned counsel for respondent No.2 submits that

the claim of the petitioners shall be considered by the competent authority

and the appropriate orders in accordance with law shall be passed.

7.

Learned counsel for the parties are ad idem that let this petition

be disposed of in terms of the decision, dated 06.09.2017, rendered by this

Court in CWP No.17010 of 2017 [ Vinod Kumar v. State of Haryana and

others ].

8.

Accordingly, the petition is disposed of in terms of the decision

of this Court in Vinod Kumar''s case (supra).