Punjab-Haryana High Court
Sukhwinder Kaur And Another vs Financial Commissioner Appeals Punjab ... on 30 January, 2025
CWP-2246-2025 1 ASG SENS : a> SS < ae SRR 129 2022 PHOS 198 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RK CWP-2246-2025 Date of Decision:30.01.2025 Sukhwinder Kaur and another decease Petitioners Versus Financial Commissioner (Appeals), Punjab and others seeeens Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present:- Mr. Abhishek Singla, Advocate and Mr. Surinder Singh, Advocate for the petitioners. Mr. Navneet Singh, Sr. DAG, Punjab. Mr. Gourav Goel, Advocate for respondent No.5. 36 2 2s 24s 2k HARSH BUNGER J. (ORAL)
The instant writ petition has been filed under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of Certiorari for setting aside the impugned order dated 03.12.2024 (Annexure P-5) passed by the learned Financial Commissioner (Appeals), Punjab, whereby an application dated 15.05.2024 (Annexure P-4) submitted by the petitioners seeking restoration of revision petition (ROR-205-2019) titled as "Sukhwinder Kaur & Anr. Vs. Balwinder Kaur & Ors.", has been dismissed.
Priyanka 2025.02.20 17:23 | attest to the accuracy and integrity of this document CWP-2246-2025 2 1.1. A further prayer has been made for setting aside impugned order dated 23.04.2024 (Annexure P-3) passed by learned Financial Commissioner (Appeals), Punjab, whereby above-said ROR-205-2019 has been dismissed in default.
2. Briefly the main revision petition (ROR-205-2019) filed by petitioners was dismissed in default vide order dated 23.04.2024, which reads as under:
ROR-205/2019 Present: None for the Petitioner.
Sh. Harpreet Singh, Proxy Advocate for Respondent No.10(B) Counsel for the Petitioner was directed to file application for impleading Lrs of Respondents No.31, 32, 38 on record but Counsel for the Petitioner did not comply these orders. Counsel for the Petitioner was directed many times regarding this. This case was listed today for hearing but despite repeated calls, neither the Petitioner herself nor any Advocate on her behalf has come present before this court, from which it appears that she does not want to pursue the case. Therefore, this case is dismissed in default.
Financial Commissioner Appeals) 23.04.2024 2.1. It transpires that the petitioners filed an application (No.75 of 2024) seeking recalling of the order dated 23.04.2024 and for restoration of the main case; however, the same was also dismissed by learned Financial Commissioner (Appeals), Punjab, vide impugned order dated 03.12.2024 (Annexure P-5) by recording the same reasoning that the orders of the Court have not been complied with.
3. Learned counsel for the petitioners by referring to order dated 23.04.2024 (Annexure P-3) submits that as regards respondent No.31 (Deceased) is concerned, petitioners had already filed an application for Priyanka 2025.02.20 17:23 | attest to the accuracy and integrity of this document CWP-2246-2025 3 bringing on record the legal heirs of said respondent No.31, which is available on record and the said fact stands recorded in zimni order dated 28.11.2023. Learned counsel further refers to zimni order dated 05.09.2023 to say that respondent No.32 had refused service and address of respondent no.38 was not correct. He further submits that as regards the correct address of respondent No.38 in the revision petition is concerned, the petitioners shall provide the correct address.
4. At this stage, it is submitted by learned counsel for the petitioners that petitioners would make necessary application before the learned Financial Commissioner (Appeals), Punjab seeking restoration of the main case by complying with the earlier orders passed by the Court of learned Financial Commissioner (Appeals), Punjab, however, he prays that time bound directions be issued to learned Financial Commissioner (Appeals), Punjab, for deciding the said application.
5. On advance service of copy(ies) of petition, Mr. Navneet Singh, Senior Deputy Advocate General, Punjab, appears on behalf of respondents-State and Mr. Gourav Goel, Advocate, appears on behalf of respondent No.5. They do not raise any dispute to the aforesaid course of action being adopted by learned counsel for petitioners.
6. Keeping in view the aforesaid submissions made by learned counsel for the respective parties, the present writ petition is disposed of with liberty to the petitioners to move a fresh application seeking restoration of main case (ROR-205-2019), which was dismissed in default on 23.04.2024 (Annexure P-3) after complying with all the earlier orders passed by learned Financial Commissioner (Appeals), Punjab. In case, any such application is Priyanka 2025.02.20 17:23 | attest to the accuracy and integrity of this document CWP-2246-2025 4 filed by the petitioners within a period of four weeks from today, the same shall be considered and decided by the learned Financial Commissioner (Appeals), Punjab, in accordance with law.
7. All pending application(s), if any, shall also stand closed. 30.01.2025 (HARSH BUNGER) Pd JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No Priyanka 2025.02.20 17:23 | attest to the accuracy and integrity of this document