LAWS(ALL)-2013-3-73

KHURKHUR Vs. UNION OF INDIA

Decided On March 14, 2013
KHURKHUR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Mr. M.P. Sharma, learned counsel appearing for the respondents no. 1 and 2.

(2.) On 12.3.2013, we had indicated the preliminary objection taken by learned counsel for respondents no. 1 and 2 that this second writ petition by the petitioners is not maintainable in view of facts disclosed in paragraph 34 of the writ petition. In paragraph 34, the petitioners have stated that earlier Writ Petition No. 60061 of 2012 (Khurkhur and another vs. Union of India and others) was filed challenging the proceeding of compensation but due to faulty pleadings, it was not pressed and withdrawn. Consequently, it was dismissed as not pressed on 21.11.2012.

(3.) After the dismissal of the earlier writ petition, the petitioners claim to have made another representation before respondent no. 3 on 27.11.2012 and it has been alleged that no decision is being taken by respondent no. 3 on that representation filed for setting aside the award on various grounds.