In the High Court of Punjab and Haryana at Chandigarh CWP No. 6983 of 2008 Date of decision: 29.4.2008 Bhoop Singh ......Petitioner Versus State of Haryana and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Sandeep Sharma, Advocate, for the petitioner. **** JUDGMENT M.M.KUMAR, J. The final claim of the petitioner in the instant petition is that the land, which is subject matter of acquisition by issuance of notification under Section 4 of the Land Acquisition Act 1894, dated 27.1.2003 (Annexure P-1), had construction on it and therefore, according to the policy of the State, it could not have been subjected to acquisition. It is the admitted position that the award was announced on 20.1.2006 (Annexure P-5). On the strength of admission of certain other petitions, the petitioner has claimed that the construction raised by him belongs to the period before CWP No. 6983 of 2008 -2- the issuance of notification under Section 4 of the Act i.e. 27.1.2003 (Annexure P-1). However, from the pleadings we do not find any such averments showing that the construction was raised before the issuance of notification under Section 4 of the Act, whereas in the award, the respondent-State has pointed out that there was no structure, tree or tubewell on the acquired land. Faced with the aforementioned situation, learned counsel for the petitioner requests for withdrawal of the petition with liberty to file a fresh one on the same cause of action by placing on record the relevant material concerning the issue raised. We accept the prayer made by learned counsel for the petitioner and dismiss the writ petition as withdrawn with liberty in terms of the prayer made. (M.M.KUMAR) JUDGE (SABINA) April 29, 2008 JUDGE anita