Himachal Pradesh High Court
Surenderjit Kaur And Another vs Rikhi Ram (Since Deceased) ... on 27 September, 2023
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 510 of 2023
Decided on: 27.09.2023
.
Surenderjit Kaur and another ....Petitioners
Versus
Rikhi Ram (since deceased) through L.Rs.
Smt. Lajya and others ...Respondents
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Ajay Sharma, Senior Advocate with
Mr. Atharv Sharma, Advocate.
For the respondents: M/s Rupinder Singh and Pushpender
r Jaswal, Additional Advocate Generals
with M/s Ranjana Patial and Sumit
Sharma, Deputy Advocate Generals and
Rajat Chauhan, Law Officer, for
respondent No. 2.
No notice has been issued to respondent
No. 1.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has
approached this Court praying mainly for the following relief:
i) That directions may very kindly be issued to respondent
No. 2 herein to finally decide the lis pending before him on
the basis of certificate dated 17.01.2018 issued under
Section 174 of the Motor Vehicles Act by the learned MACT-
II, Solan, District Solan, H.P., on the basis of which
communication dated 03.02.2020 was issued by the
1 Whether reporters of the local papers may be allowed to see the judgment?
learned District Collector, Solan, District Solan, H.P. and
which is pending on the file of respondent No. 2 since
despite the fact that certificate issued is for the purpose of
.
recovery of Rs. 40,81,000/- alongwith interest @ 6% per
annum as arrears of land revenue, to secure the ends of
law and justice.
2. When this case was listed on 25.09.2023, while
confining notice to respondent No. 2, the Court directed learned
Additional Advocate General to have instructions in the matter.
Today, learned Additional Advocate General has handed over a
copy of instructions imparted by the Assistant Collector 1st
Grade-cum-Tehsildar Recovery, relevant portion whereof reads
as under:-
"Kindly refer to your office letter No. CMPMO No.
510/2023 dated 25.09.2023 on the subject cited above.
In this connection, it is submitted that in
compliance of demand No. 7 (11)2019-20 dated
3.02.2020 created by Worthy Deputy Commissioner
Solan regarding compensation given by MACT-II Solan
orders, proceedings are regularly taking place from time
to time. In the instant matter respondent No. 1 were given
ample opportunity of time to give compensation amount to
petitioner No. 1 & 2 i.e. Surenderjit Kaur and Gurpreet
Singh. Due to failure on the part of respondent No. 1, the
respondent No. 2 moved the entire case file regarding
permission of Ld. Divisional Commissioner Shimla for
sale of land of respondent No. 1 situated in Mauza
.
Nakyar, Tehsil Kasauli through Worthy Deputy
Commissioner Solan on dated 08.08.2022. (Copy
enclosed herewith)
In this regard, Worthy Deputy Commissioner Solan
further sent the above case to Worthy Divisional
08.02.2023.
r to
Commissioner Shimla for permission to sale on dated
(Copy attached herewith)
19.04.2023 the undersigned received a letter from
On dated
Worthy Divisional Commissioner Shimla with the
direction to examine the above matter in the light of
Appeal pending in the Hon'ble High Court of Punjab and
Haryana. The respondent No. 1 kept producing stay order
of Punjab and Haryana High Court (Copy attached
herewith) and matter was finally decided on 14.07.2023.
After the decision of Hon'ble Punjab & Haryana
High Court, both the petitioners and respondent No. 1
were summoned on dated 30.08.2023 before the
undersigned and photocopies of Hon'ble High Court
decision was produced by the petitioners. On that day
the respondent No. 1 showed his inability to pay amount
in lump- sum and sought monthly installment as mode of
payment. Both the parties agreed to negotiate about the
amount of compensation and mode of payment and hence
were given one month time for mutual settlement. The
.
case is again listed on 5.10.2023.
3. Taking into consideration the fact that the matter is
under consideration of the authorities concerned, this petition is
disposed of with the observations that let the same be
concluded as expeditiously as possible and preferably by 31st of
December, 2023, by adhering to the principles of natural justice
as well as the Rules which govern the adjudication thereof.
Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge
September 27, 2023
(narender)
