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2011 DIGILAW 854 (HP)

Gurdial Singh v. Land Acquisition Collector

2011-03-03

DEEPAK GUPTA

body2011
JUDGMENT Deepak Gupta, J. 1. This petition was taken up for hearing on 13th January, 2011 when the learned Vacation Judge passed a stay order in the following terms:- “CMP No. 57 of 2011” Notice in the above terms. It has been submitted by the learned counsel for the applicant that the evidence of the applicant was closed on 4.1.2011 and the arguments were heard on 4.1.2011 itself and now the case has been fixed on 15.1.2011 for order. In the facts and circumstances of the case, the learned Reference Court shall not pronounce the judgement on 15.1.2011 or on subsequent date unless otherwise directed by this Court.” Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2. I have now been informed that in fact the award was announced on 15.1.2011. Shri Sunil Awasthi, learned counsel for the petitioner states that the petition can go on and the award is a nullity. 3. I am not in agreement with such submission because it is apparent that the learned Judge was not apprised of the stay order issued by this Court till he had pronounced the award. Therefore, the petition has become infructuous and is disposed of accordingly. However, liberty is reserved to the petitioner to take up all the points which were raised in this petition before the Appellate Court in appeal.