KHUBA ALIAS KHUB RAM Vs. HARYANA STATE

JUDGEMENT

(1.) IN this revision petition filed by the petitioner under Article 227 of the Constitution of INdia, the prayer is for setting aside the order dated 29.01.2009 (Annexure P-1) passed by Additional District Judge, Gurgaon, whereby the payment of 50% of the awarded amount of compensation had been ordered to be released on furnishing of security/bank guarantee.

(2.) LEARNED counsel for the petitioner contends that similar order passed by the court below has already been quashed by this Court in Civil Revision No.3912 of 2009 decided on 12.10.2009.

(3.) LEARNED counsel for the petitioner submitted that the order impugned herein is totally without jurisdiction as there is no interim order passed by this Court in an appeal filed by the State on the basis of which the executing Court could have ordered for release of 50% of the awarded amount of compensation on furnishing of security/bank guarantee by the petitioners. According to the learned counsel, in the absence of any specific order by this court for releasing the payment of 50% of the compensation amount on furnishing of security/bank guarantee, the same should have been released by the executing court unconditionally.