Allowed

R.N. Prasher HUF v. State of Haryana and Others

Punjab & Haryana HC3 Dec 2024CWP/11781/2024

Case brief

AI extract

What is this about?

Petitioner's statutory appeal was dismissed for delay. Following its earlier decision in M/s Vasudeva Engineering (CWP-27468-2023) holding that the right to hearing of appeal is not barred by prescribed limitation, the Court allowed the writ petition and directed the appellate authority to decide the appeal on merits within three months.

What the court decided

AI extract

R.N. Prasher HUF Vs State of Haryana and Others — Punjab & Haryana HC (2024) — LawSathi Research

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CWP-11781-2024 (O&M)

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Page 1 of 2

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111

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM-19329-CWP-2024 and CM-19381-CWP-2024 in/and CWP-11781-2024 (O&M) Date of Decision: 03.12.2024

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R.N. PRASH E R HUF

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. . . . Petitione r Vs.

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STATE OF H ARYANA AND OTHERS

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. . . . Respondent s

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****

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CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH

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Present: M r. Dayaar Singla, Advocate (through VC) for M r. Rohit Gupta, Advocate f or the petitioner.

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M s. Mamta Singla Talwar, DA G , Haryana. ****

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SANJEEV PRAKASH SHARMA, J.(Oral)

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Matter comes up on application No. CM -19329-CWP-2024 moved b y the pet i tioner seeking preponement an d disposal of the main case.

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For th e reasons stated in the applicat i on, the same is allowed. Mai n case is preponed and taken up today its e lf.

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Both t h e counsel are ad idem that t he issue raised in the presen t petitio n has been already adjudicated b y this Court in group of case s decide d on 24.10.2024 with lead case o f M/s Vasudeva Engineering vs. The U n ion of India and others in C WP-27468-2023 , wherein thi s Court h eld as under:

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“4. Accordingly, we hold t hat the powers to hear t h e appeal in terms of Section 107 of the Act would not be s ubject to filing of an appeal wit h in the time prescribed

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MOHIT GOYAL 2024.12.04 11:23 I attest to the accuracy and integrity of this document

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CWP-11781-2024 (O&M)

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Page 2 of 2

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w herein, it would not in any mann e r deprive a person from c laiming the right of hearing of a n appeal by filing of a w rit petition before this Court for c o ndonation of delay.

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5. Now considering the a f oresaid issue which is p urely legal, we find that no reply from the respondents is r equired to be filed and we condo n ed the delay also as the p etitioner(s) have already sub m itted the pre-deposit a mount for hearing of the appeal.

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6. The appeals shall be hea r d and decided on merits b y the Appellate Authority, prefer a bly, within a period of t h ree months from today.”

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In the present case, the appeal pr e ferred by the petitioner wa s dismis s ed by respondent No.3 on th e ground of delay. Taking int o consid e ration the aforesaid view whic h has been taken by this Court , we all o w this petition to the aforesai d extent and direct the appellat e authori t y to decide the appeal on meri t s, preferably within a period o f three m onths from today. Petitioner shall be free to raise all th e objecti o ns before the appellate authorit y .

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All pe n ding applications also stand dis p osed of accordingly.

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(SANJEEV PRAKASH SHARMA) JUDGE

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(SANJAY VASHISTH) JUDGE

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December 03, 2024

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Mohit goyal

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1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No

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MOHIT GOYAL 2024.12.04 11:23 I attest to the accuracy and integrity of this document

R.N. Prasher HUF v. State of Haryana and Others

Case brief

What is this about?

What the court decided

R.N. Prasher HUF v. State of Haryana and Others

Case brief

What is this about?

What the court decided

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