TEK CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 23.5.1994 a Division Bench of this Court allowed the present Writ petition relying exclusively on a Single Bengh decision of this Court in CWP No. 15088 of 1990 (Madan Lal and others v. State of Haryana and others). The State of Haryana then went to the Hon'ble Supreme Court by way of an SLP and leave was granted and ultimately Civil Appeal No. 14169 of 1996 was allowed vide order dated 20.11.1996 with the following observations:-

(2.) In Madan Lal's case the Single Bench had primarily placed reliance on the fact that one Madan Lal had filed a civil suit against the State of Haryana claiming the same relief and that suit had been decreed and the said appeal upto the High Court had also been dismissed. It may be noticed that the Hon'ble Supreme Court, while disposing of the Civil Appeal No. 1419/96 had relied upon the judgment in Haryana State Electricity Board v. Radhey Shyam Garg and others, Civil Appeal No. 1304 of 1995, in which case the Supreme Court also went into the correctness of the judgment in Krishan Lal's case and observed as under:-

(3.) It may also be noticed that in the pleadings before us in the present writ petition, the petitioner had only placed reliance on Madan Lal's case alone and no other matter had been pleaded or raised. Reliance on Madan Lal's case in so far as it relies on Krishan Lal's case can no longer be accepted.