IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5998 of 2010 Date of decision: 17.9.2010 Sadhu Ram …..Petitioner versus State of Haryana and another ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Vinod Bhardwaj, Advocate for the petitioner Ms.Palika Monga, DAG Haryana Jasbir Singh, J. (Oral) By filing this writ petition, the petitioner seeks issuance of directions, directing the respondents to release enhanced amount of compensation granted vide award dated 12.1.1979 with interest for his acquired land. In response to notice, short affidavit has been filed. Contents of the affidavit read thus:- “1. That after perusal of the official record of the case it has been revealed that the father of the petitioner filed reference u/s 18. After bare perusal of the record of the Treasury Office, Amabal it has been revealed that enhanced amount of compensation `.3824-27 was deposited with the Ld. Executing Court, Ambala in L.A. case No.74/4/75 titled Kishori Lal (deceased) represented by his LRs Surjit Kumar etc. Civil Writ Petition No.5998 of 2010 (connected 25 cases) vs. State of Haryana vide D-Form No.2775 dated 16.7.1979, the true typed copy of the D-Form is annexed as Annexure A/I. 2. That the Treasury Officer, Ambala after verifying official record for the year 1979 on the request of the deponent disclosed vide letter No.Spl.1 dated 16.9.2010 that as per recod a sum of ` 569229-60 was deposited by the Ld.Additional District Judge, Ambala as enhanced amount of compensation vide R.D.No.792 dated 7.8.79. 3. That whole enhanced amount of compensation has been collected by the land-owners except ` 37791-97 which is lying pending undisbursed and lapsed on 31.3.1983. The true translated copy of the letter No.2744-RD dated 16.9.2010 alongwith original in Hindi is annexed as Annexure A/II. 4. That the name of the father of the petitioner was also mentioned in the D-Form which is annexed as A/I at Sr.No.36 with the name of Kahan s/o Mangal, whereas the petitioner wrote the name of his father as Kalu Ram in the above CWP as a result of which the record could not be traced and the Hon’ble High Court passed the order dated 21.7.2010 vide which Rs.5000/- were imposed as cost which has been paid vide receipt No.9 & 105 dated 15.9.2010 (Annexed as Annexure A/III) which are liable to be recovered from the petitioner with exemplary cost in lieu of wasting the precious time of the Hon’ble High Court as well as office of the deponent. 2 Civil Writ Petition No.5998 of 2010 That the petitioner was duty bound to verify with regards to his enhanced amount of compensation from the Ld. Executing Court whether the amount has been deposited or not.” In view of the facts stated in the affidavit, we are of the opinion that the remedy lies with the petitioner to claim that amount from the competent Court. In view of above, this writ petition is disposed of by giving liberty to the petitioner to move an application for getting the amount lying deposited with the competent Court. (Jasbir Singh) Judge 17.09.2010 (Augustine George Masih) gk Judge 3