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Punjab-Haryana High Court

Ranjit Singh vs Financial Commissioner Appeal And Anr on 4 November, 2014

Author: Paramjeet Singh

Bench: Paramjeet Singh

                                IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                               CHANDIGARH


                                                                      C.W.P. No. 22436 of 2014
                                                           Date of Decision: November 04, 2014

                   Ranjit Singh

                                                                                      ... Petitioner

                                                          Versus

                   Financial Commissioner (Appeals), Punjab and another

                                                                                    ... Respondents

                   CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

                   Present:         Mr. Amandeep Singh Manaise, Advocate,
                                    for the petitioner.


                   Paramjeet Singh, J. (Oral)

Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 03.07.2014 (Annexure P/3) passed by respondent no.1 vide which application (Annexure P/2) of the petitioner for restoration of revision petition has been declined.

I have heard learned counsel for the petitioner and perused the record.

Learned counsel for the petitioner states that revision petition filed by the petitioner was dismissed for non-prosecution by respondent no.1 on 24.04.2014 at the stage when notice had not been issued to the VIRENDER KUMAR 2014.11.05 14:05 I attest to the accuracy and authenticity of this document C.W.P. No. 22436 of 2014 -2- respondent nor the matter was heard on merit. Learned counsel further states that merely on technical ground, restoration application filed by the petitioner has been declined.

Keeping in view the facts and circumstances of the case and it would meet the ends of justice if the matter is heard on merit instead of technicalities, this Court deems it fit and proper that ROR filed before respondent No.1 - Financial Commissioner (Appeals), Punjab, be restored to its original number, subject to cost of Rs.1000/- to be deposited with the State Legal Services Authority, Punjab. Ordered accordingly. The petitioner is directed through his counsel to appear before Financial Commissioner on 20.11.2014. The Financial Commissioner is directed to decide the revision petition on merit.

Disposed of accordingly.

                   November 04, 2014                                  [Paramjeet Singh]
                   vkd                                                     Judge




VIRENDER KUMAR
2014.11.05 14:05
I attest to the accuracy and
authenticity of this document