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Judgment
Notice of motion.
On the asking of the Court, Mr.Shivendra Swaroop, AAG
Haryana, present in the Court, accepts notice on behalf of the respondents.
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.
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.
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.
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.
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.
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.
