CIVIL WRIT PETITION NO. 18323 OF 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: October 8, 2010. Parties Name Hakam Singh and another ...PETITIONERS. VERSUS State of Punjab and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Augustine George Masih. PRESENT: Mr. P.S. Jammu, Advocate, for the petitioners. JASBIR SINGH, J. (oral) JUDGMENT This writ petition has been filed with a prayer that directions be issued to the Land Acquisition Collector, respondent No. 2, to disburse compensation amount to the petitioners falling to their share as per award dated March 6, 2007 (Annexure P-1). Counsel for the petitioners heard. Perusal of documents indicates that a civil suit was filed by respondent No. 4 claiming share in the property, which was subject matter of acquisition. During the pendency of that suit, stay regarding disbursement of compensation was granted and the amount was attached. Thereafter, suit was partly decreed by the trial Court and now admittedly, appeal is pending. Counsel for the petitioners states that no stay order has been passed by the appellate Court. It is his grievance that despite above CIVIL WRIT PETITION NO. 18323 OF 2010 -2- said fact, respondent No. 2 has not released compensation. Rather he has declined it vide order dated June 10, 2010, by observing as under: “Regarding your acquired land, Mohinder Kaur d/o Mukhtiar Singh has filed a civil suit in the Court of Judicial Magistrate, Sr. Divn. Sh. K.K.Singla and has got stay order to pay the compensation to the extent of 1/5th share. This civil suit has been decided vide decision dated 22.2.2010 but the attachment order passed by the court has not released and both the parties has filed appeal against the decision before Hon'ble District Judge although the District Judge has not passed any stay order but due to non-release of earlier attachment order, the amount of compensation cannot be released till the decision of the appeals.” We are of the view that it is not possible for us to give any direction at the instance of the petitioners in this writ petition. Civil litigation is going on and the appeal is pending. If the petitioner wants to get any interim order, he may approach the appellate Court and make the prayer, which they have made in this writ petition. If any such application is made, we expect that the same shall be decided by the appellate Court expeditiously. This writ petition stands disposed of. ( JASBIR SINGH ) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE October 8, 2010. DKC