MAHABIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitions have been filed seeking mandamus to the respondents to release and pay interest on solatium to the petitioners in terms of the order dated 5th August, 2010 of the Supreme Court in Civil Appeal No.6286/2010 filed by some other persons.

(2.) ATTENTION of the counsel for the petitioners is invited to para 7 of the order of the Supreme Court where the Supreme Court has observed that the writ petitions filed in that case were in fact not maintainable and the remedy was to file an execution claiming interest, since in that case 12 years had not expired.

(3.) HOWEVER without the petitioners herein even filing execution and without any order of the executing court to the said effect, no reliance can be placed on the said plea. Moreover even if the executing court denies the relief to the petitioners, the petitioners will then have remedy of appeal thereagainst and the writ petition would even then be not maintainable.