Allowed

M/S Grewal Stone Crusher v. State of Punjab & Ors.

Punjab & Haryana HC19 Jul 2013CWP/11951/2013

Case brief

AI extract

What is this about?

This court held that a petitioner has a right to be heard on merits before an adverse order of dismissal is passed. The impugned order dismissing an appeal only on limitation was quashed, and the matter was remitted for a fresh decision on merits.

What did the court decide?

The order dated 23.4.2013 was quashed and the matter was remitted to the Director for a decision on merits.

M/S Grewal Stone Crusher Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2013)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 11951 of 2013

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Date of Decision: 19.7.2013

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M/s Grewal Stone Crusher

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... Petitioner

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Versus

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State of Punjab and Others

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... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Judge. Hon'ble Mr. Justice G.S.Sandhawalia, Judge.

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Present: Mr. R.S.Khosla, Advocate for the petitioner.

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Mr. K.K.Gupta, Additional Advocate General, Punjab, for the respondents.

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Jasbir Singh, Judge (Oral)

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Respondent-department is claiming an amount of ` 14,14,800 from the petitioner for illegally extracting of minor mineral gravel during the year 2010-11. It is grievance of the petitioner that before passing that order and ordering recovery of that amount as land revenue, the petitioner/its representative was not associated in the proceedings.

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Be that as it may, we are not giving any finding on merits at this stage.

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The petitioner filed an appeal which was dismissed by the Director, Department of Industries & Commerce, Punjab at Chandigarh vide order dated 23.4.2013 only on the basis of limitation. We feel that the petitioner has a right to be heard on merits before any adverse order is passed against it.

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Bhardwaj Deepak Kumar 2013.07.25 12:32 I attest to the accuracy and integrity of this document High Court Chandigarh

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Civil Writ Petition No. 11951 of 2013

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Faced with this situation, Mr. K.K.Gupta, Additional Advocate General, Punjab states that let order dated 23.4.2013 be quashed and directions be issued to the officer concerned to hear the appeal afresh on merits. Stand taken is very just.

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Under the circumstances, we allow this writ petition and order dated 23.4.2013 (Annexure P11) is quashed. The matter is remitted to the Director, Department of Industries & Commerce, Punjab at Chandigarh for fresh decision on the appeal filed by the petitioner. The petitioner may supplement the grounds already taken before the said officer by moving an application.

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(Jasbir Singh) Judge

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(G.S.Sandhawalia) Judge

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July 19, 2013 “DK”

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Bhardwaj Deepak Kumar 2013.07.25 12:32 I attest to the accuracy and integrity of this document High Court Chandigarh

M/S Grewal Stone Crusher v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

M/S Grewal Stone Crusher v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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