High CourtsSINGLE BENCH(2017) 09 P&H CK 0036

Prem Kumar and others vs State of Haryana and others

Punjab And Haryana At Chandigarh · Decided on 1 September 2017

HON’BLE JUDGES
Arun Palli
RESULT
Disposed
CASE NUMBER
19764 of 2017

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Judgment

32 paragraphs · 348 words
1.

Notice of motion.

2.

On the asking of the Court, Mr.Shivendra Swaroop, AAG

Haryana, present in the Court, accepts notice on behalf of the respondents.

3.

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

formal written statement is necessary on behalf of the respondents, at this

stage. Thus, with the consent of learned counsel for the parties, the petition

is being disposed of, finally.

4.

This is a petition under Article 226 of the Constitution of India,

praying for a writ in the nature of mandamus directing the respondents to

grant annual annuity to the petitioners, in lieu of their land holdings that the

respondents had acquired for construction of road between Sector 30 to 37

and 31 to 37, Sonipat.

5.

It is urged that the land of the petitioners was acquired,

pursuant to an award dated 15.03.2013, and the respondent-authorities have

provided the necessary forms to the claimant-landowners to award annual

annuity. The petitioners had duly filled the forms and furnished them to the

authorities long ago, but they have not been granted the annual annuity. So

much so, thereafter, the petitioners have not received any communication

from the respondents, either.

6.

Concededly, nothing is placed on record to show that the

petitioners ever served the respondents with any representation or notice as

regards their claim in the past, though, a considerable time has elapsed.

7.

Faced with this, learned counsel for the petitioners submits that

he be permitted to withdraw the petition, so as to enable the petitioners to

approach the respondent authorities for redressal of their grievance.

8.

That being so, the petition is disposed of, only, with a direction

to the respondents that in the event, the petitioners serve them with any

representation qua their claim within a period of two weeks from today, the

same shall be considered and decided within a further period of six weeks

thereafter. Needless to assert that a comprehensive order shall be passed

assigning reasons, in support thereof. And, if necessary, the petitioners

shall also be afforded an opportunity of hearing.