Saroj ( Deceased)Th Lr Mahinder ... vs State Of Haryana And Ors
2022 Latest Caselaw 1980 P&H

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
119
                                                           CR-609-2022
                                            Date of decision: 23.03.2022

Saroj (deceased) through LR Mahinder Dutt Sharma               .....Petitioner

                                  Versus

State of Haryana and others                                 .....Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present :    Mr. Ranjit Saini, Advocate for the petitioner.

                                   ****

MANJARI NEHRU KAUL, J. (ORAL)

The petitioner is impugning the order dated 17.12.2019

(Anneuxre P-4) whereby his application for depositing enhanced

amount of compensation was not adjudicated upon while passing the

aforesaid order.

Learned counsel for the petitioner submits that the

application (Annexure P-3) was moved by the petitioner on 21.02.2019

and after due service having been effected, it was fixed for filing of

reply of the respondents. The respondents, however, did not file any

reply despite a number of opportunities afforded to them. Learned

counsel submits that the Court below thus committed a grave error

inasmuch as while finally deciding the case vide judgment dated

17.12.2019, the application (Annexure P-3) remained undecided on

merits resulting in the petitioner being prejudiced.

I have heard learned counsel and perused the relevant

material placed on record.

A perusal of the zimni orders as well as the judgment dated

17.12.2019 does indeed reveal that the application (Annexure P-3) has

1 of 2

not been decided on merits by the Court below.

In the circumstances, the instant petition is disposed of

with directions to the Court below to decide the application (Annexure

P-3) dated 21.02.2019, filed by the petitioner on merits expeditiously

preferably within a period of two months from today in accordance with

law.

23.03.2022                             (MANJARI NEHRU KAUL)
Vinay                                         JUDGE
             Whether speaking/reasoned   :   Yes/No
             Whether reportable          :   Yes/No




                                 2 of 2