Single judge disposed of a writ petition challenging a remand order passed by the Financial Commissioner. The court found no infirmity in the order dismissing the petitioner's claim due to inadequate procedure and dismissed the petition.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P No.20323 of 2008
1
In the High Court of Punjab and Haryana, Chandigarh.
C.W.P No.20323 of 2008
Date of Decision: 02.12.2008
Darshan Singh
....Petitioner.
Versus
Financial Commissioner, Appeals-I and others
....Respondents.
Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Gurcharan Singh, Advocate for the petitioner.
J.S. Khehar, J. (Oral).
Through the instant writ petition, the petitioner has impugned the order passed by the Financial Commissioner, Appeals-I, Punjab, dated 21.8.2008 (Annexure P-7). By the aforesaid order, the controversy has been remanded back to the Assistant Collector, First Grade, Samana, requiring him to re-determine the claim of the rival parties.
During the course of hearing, learned counsel for the petitioner did not repudiate the factual position depicted in the impugned order dated 21.8.2008 to the effect, that the rival parties were not allowed an adequate opportunity to lead evidence. And secondly, the rival parties were not afforded an adequate opportunity of hearing.
In view of the factual position depicted in the foregoing
C.W.P No.20323 of 2008
2
paragraph, we find no infirmity in the impugned order dated 21.8.2008 (Annexure P-7), whereby the Financial Commissioner, Appeals-I, Punjab, remanded the matter back for re-determination to the Assistant Collector,
First Grade, Samana.
Dismissed.
( J.S. Khehar ) Judge
( Nirmaljit Kaur ) Judge.
02.12.2008 sk.
1 issue framed by the court
Whether the impugned order remanding the matter for re-determination due to lack of adequate opportunity of hearing and evidence is legally infirm.
Darshan Singh
Financial Commissioner, Appeals-I and others
J.S. Khehar
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
