ASHWANIKUMARDHINGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by Shri Ashwani Kumar Dhingra, Advocate, Fazilka, against the judgment of the Punjab and Haryana High Court dated 1lth September, 1978 dismissing the Writ Petition (C.W.P. 3771 of 1978), filed by him. Before considering the submissions on behalf of the appellant, it would be necessary to know a few facts.

(2.) It appears that Sh. Sudhir Kumar Dhingra and his father, Shri Nand Lal Dhingra, advocate had earlier filed a Writ Petition (C.W. No. 3465 of 1973) against the State of Punjab for quashing Notifications dated 6th August, 1973 issued under Ss, 4 and 6 of the Land Acquisition Act, 1894. In this writ petition, the appellant herein was not a party. However, the learned single Judge of the High Court by judgment dated 19th November, 1976 accepted the writ petition and quashed the impugned Notifications issued under Ss. 4 and 6 of the Land Acquisition Act dated 6th August, 1973. The learned single Judge in the said writ petition also directed that the petitioners in that writ petition would be entitled to take possession of the property on depositing compensation.The State of Punjab being dissatisfied filed Letters Patent Appeal against the aforesaid judgment of the learned single Judge dated 19th November, 1976. The Letters Patent Appeal (No. 14 of 1977) came up for hearing before a Division Bench of the High Court on 9th August, 1978. After hearing the Letters Patent Appeal, the Division Bench dismissed the appeal but modified the order of the'slngle Judge to the extent that they quashed the impugned Notifications dated 6th August,, 1973 "in so far as they relate to the land of the respondents therein". The respondents therein were only Shri Sudhir Kumar -Dhingra and his father, Shri Nand Lal Dhingra, advocate.

(3.) The result of the said decision was that the Division Bench restricted to quashing of the impugned Notification only in relation to the land of the respondents in the Letters Patent Appeal. It appears that after the dismissal of the aforesaid Letters Patent Appeal the appellant herein, Shri Ashwani Kumar Dhingra filed a writ petition on or about 5th September, 1978 for quashing the same Notifications dated 6th August, 1973 issued under Ss. 4 and 6 of the Land Acquisition Act.