137 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No. 17963 of 2022 (O&M) Date of Decision: 04.09.2025 Devender .......... Petitioner Versus State of Haryana and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Aakash Dalal, Advocate for the petitioner. Ms. Komal Sharma, DAG, Haryana for respondent No. 1. Mr. Chanderhas Yadav, Advocate for respondent No. 2. Mr. Prateek Mahajan, Advocate with Ms. Saloni Sharma, Advocate for respondent No. 3. **** HARKESH MANUJA, J. (ORAL) CM-14362-CWP-2024 Application for placing on record the written statement on behalf of respondent No. 2, is allowed. The same is taken on record. Copy thereof be supplied to the opposite side. Registry to do the needful. MAIN CASE The petitioner, by way of present writ petition, seeks issuance of directions to respondent Nos. 2 & 3 to disburse the royalty amount for the period 2016 to 2021 with interest @ 18% per annum till its actual realization. DINESH KUMAR 2025.09.08 14:01 I attest to the accuracy and integrity of this document C.W.P. No. 17963 of 2022 (O&M) [2] [2] Learned counsel for respondent No. 2 submits that no doubt the petitioner was entitled for royalty amount between 2016-2021, however, on account of some error, the royalty payable to the petitioner was disbursed in the name of one Jai Kishan son of Sh. Chander, resident of the same village, i.e. Village Goria, District Jhajjar. It has been submitted that the aforesaid confusion occurred on account of the fact that the land of Jai Kishan was also acquired alongwith the land of petitioner for the same project. [3] Learned counsel for respondent No. 3-Life Insurance Corporation of India, submits that the amount was released in favour of Jai Kishan as per the information provided from the office of respondent No. 2 and thus, there was no fault on its part. [4] However, learned counsel for respondent No. 2 submits that the entire fault lies with the office of respondent No. 3 having disbursed the amount of royalty in the name of wrong person and thus, the liability to disburse the royalty amount of the petitioner was all of respondent No. 3. [5] Having heard learned counsel for the parties and gone through the paper-book, the fact of the matter is that the land of the petitioner was acquired and admittedly he was entitled for royalty for the period between 2016-2021, whereas he has been deprived off the said benefit on account of the fact that mistakenly the same has been released in favour of one Jai Kishan whose land was also acquired. In the considered opinion of this Court, in any case the mistake cannot be attributed to the petitioner and thus, he cannot be put to loss in this regard. [6] In such circumstances, respondent No. 2 shall, at the first instance, release the entire benefit of royalty due towards the petitioner from DINESH KUMAR 2025.09.08 14:01 I attest to the accuracy and integrity of this document C.W.P. No. 17963 of 2022 (O&M) [3] 2016-2021 alongwith up-to-date interest within four weeks from the date of receipt of certified copy of this order. Respondent No. 2 shall be at liberty to avail its remedy against Jai Kishan son of Sh. Chander as well as respondent No. 3 in accordance with law. [7] It is made clear that in case the needful is not done within stipulated period, respondent No. 2 shall be liable to pay costs of Rs.1,00,000/- to the petitioner towards further litigation. [8] Disposed off accordingly. [9] Pending miscellaneous application(s), if any, shall also stand disposed off. September 04, 2025 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2025.09.08 14:01 I attest to the accuracy and integrity of this document