The State of Haryana and others vs Zile Singh through LRs.

L.N. Mittal, J.—State of Haryana and its authorities have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 22.5.2008 passed by learned Additional District Judge, Jagadhri (Reference Court) thereby striking off defence of the petitioners herein for non filing of written statement in spite of three effective opportunities spread over almost six months.

None has appeared for LRs of respondent � land owner since deceased.

I have heard learned counsel for the petitioners and perused the case file.

Impugned order is dated 22.5.2008 and the instant revision petition was filed on 16.1.2010 i.e. after delay of almost one year eight months for which there is no explanation. It is, thus, apparent that the petitioners without any reason intentionally delayed the disposal of the case. However, reference u/s 18 of the Land Acquisition Act out of which this revision petition has arisen has been consolidated with other petitions arising out of the same acquisition.

In the aforesaid circumstances, I am of the considered opinion that the ends of justice would be met if the petitioners are granted another opportunity to file their written statement on payment of heavy costs. Petitioners have to be burdened with very heavy costs for non-filing of written statement in the first instance in spite of three effective opportunities and also for delay of almost one year eight months in filing the instant revision petition.

Accordingly, the instant revision petition is allowed. Impugned order passed by learned Reference Court is set aside. Learned Reference Court is directed to grant only one more opportunity to the petitioners to file their written statement subject to payment of Rs. 10,000/- as costs precedent.

Copy of this order be also sent to Principal Secretary to Government of Haryana, Department of PWD (Public Health), Chandigarh to take appropriate action against the defaulting official for the aforesaid lapse.