The High Court allowed the writ petition and quashed the order dismissing the petitioner's appeal due to delay. The Court directed the authority to decide on merits within a specified timeframe.
Impugned order quashed; parties to appear for hearing; decision on merits by 25.4.2011.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Writ Petition No.1964 of 2010
DATE OF DECISION : FEBRUARY 3, 2011
SUKHWINDER PAL
....... PETITIONER(S)
VERSUS
SUPERINTENDING CANAL OFFICER, FEROZEPUR CANAL CIRCLE & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Sansar Kundu, Advocate, for the petitioner(s). Mr. AK Sharma, Addl.AG, Punjab. Mr. CM Munjal, Advocate, for respondent No.4. Mr. BS Thind, Advocate, for respondent No.6.
AJAI LAMBA, J. (Oral)
Challenge in this petition is to order dated 15.12.2009 (Annexure P-1), passed by the Superintending Canal Officer dismissing the appeal of the petitioner on account of delay of 42 days in filing the appeal.
There is no serious dispute raised on behalf of the respondents. In view of the above, the petition is allowed. Order (Annexure
P-1) is quashed.
The parties are directed to appear before the Superintending Canal Officer, Ferozepur Canal Circle, Canal Colony, Ferozepur, on 21.2.2011.
In view of the delay already caused, the said officer/authority shall take a decision on merits by 25.4.2011, after hearing both the sides.
February 3, 2011 ( AJAI LAMBA ) Kang JUDGE
1 issue framed by the court
Whether the appellate order dismissing the appeal on account of delay should be quashed.
1 provisions across 1 enactments
SUKHWINDER PAL
SUPERINTENDING CANAL OFFICER, FEROZEPUR CANAL CIRCLE
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
