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High CourtsSingle Bench(2012) 05 P&H CK 0095

Siri Ram Singla vs State of Punjab and others

Punjab And Haryana At Chandigarh · Decided on 23 May 2012

HON’BLE JUDGES
Ajay Tewari, J
CASE NUMBER
C.W.P No. 9859 of 2012

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Judgment

7 paragraphs · 347 words

Ajay Tewari, J.—By this writ petition, the petitioner has challenged re-fixation and consequent recovery. Today, however, counsel for the petitioner states that he would not press the claim regarding re-fixation but that no recovery should be made from the petitioner in terms of the Full Bench judgment of this Court in Budh Ram v. State of Haryana & Ors, 2009 (3) PLR 511, as there was no fraud or misrepresentation on his part in the grant of excess amounts. Notice of motion.

2.

Ms. Monica Chhibber Sharma, learned DAG, Punjab accepts notice on behalf of the respondents.

3.

Learned counsel for the petitioner undertakes to supply five copies of the petition to the learned DAG 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.

4.

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.

5.

Counsel for the respondents states that at this stage she is not in a position to either accept or deny this assertion but would have no objection if a direction is issued to respondent No.2 to consider the claim of the petitioner and if it is found that no fraud or misrepresentation was committed by him, recovery be cancelled, in view of the decision of Full Bench decision in Budh Ram''s case (supra).

6.

In the circumstances, this writ petition is disposed of with a direction to respondent No.2 to examine the case of the petitioner within three months from the receipt of a certified copy of this order, by passing a speaking order, and if it is found that no fraud or misrepresentation was committed by the petitioner in getting the increased amounts, recovery be cancelled and the amounts recovered from him be refunded back to him within the aforesaid period.

7.

No costs. Copy of this order be given dasti to counsel for the respondents under the signatures of the Court Secretary.