IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 79 of 2010 (O&M) Date of decision: January 18, 2011 Sher Singh and others .. Petitioners Vs. State of Haryana and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. S.K. Yadav, Advocate for the petitioners. Mr. Rajiv Malhotra, Addl. A.G. Haryana. Mr. Girish Bhardwaj, Advocate for Mr. Arun Walia, Advocate for HUDA. A.N. Jindal, J (Oral) The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 4.9.2010 (Annexure P1) passed by the Additional District Judge, Gurgaon, whereby payment of 50% of the awarded amount of compensation had been ordered to be released on furnishing security/bank guarantee. Learned counsel for the petitioners has submitted that the order impugned herein is totally without jurisdiction as there is no interim order passed by tis Court in an appeal filed by the State, on the basis of which the executing court could have ordered for release of 50% of the awarded amount of compensation on furnishing of security/ bank guarantee by the petitioner and could stay the releasing of the remaining payment of 50% of the compensation amount. As such, now the petitioners have prayed for issuance of direction to the executing court to release the remaining amount unconditionally. Learned counsel for the respondents, however, could not raise any meaningful argument to oppose the prayer made by the petitioners. Heard, it is not disputed that there is no interim stay on the release of the award amount as order passed by this Court on an appeal having been filed by the State. In the absence of the same, the amount was required to be released on any condition and the executing court was not justified in withholding any part of the amount as deposited by the State as Civil Revision No. 79 of 2010 (O&M) -2- *** payable to him. In view of the above, the petition stands accepted and executing court is directed to release the remaining compensation amount to the rightful person/ petitioner on furnishing security for release of the same. January 18, 2011 (A.N. Jindal) deepak Judge