Rajinder Singh Through Gpa Nafe … vs State Of Haryana And Others on 23 September, 2009

Civil Revision No. 4021 of 2009 (O&M)
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    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

                              Civil Revision No. 4021 of 2009 (O&M)
                              Date of decision: 23.09.2009

Rajinder Singh through GPA Nafe Singh
                                                            ....Petitioner

                    Versus


State of Haryana and others
                                                          ....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. Saurabh Khatri, Advocate, for
           Mr. S.P. Khatri, Advocate,
           for the petitioner.

         None for the respondents.

                    *****

VINOD K. SHARMA, J (ORAL)

CM No. 16721-CII of 2009

Allowed. The applicant-petitioner is exempted from filing the

certified copy of Annexure P-3.

CR No. 4021 of 2009

The petitioner has invoked the jurisdiction of this Court under

Article 227 of the Constitution of India, for setting aside the impugned

order dated 25.4.2009, which reads as under: –

“File taken up on an application for issuance of refund
vouchers, moved on 31.3.2009. Report of the Ahlmad
was sought in this case, which is as under: –
As per record in LAC case No. 493/97/96, an amount of
Rs.184734/- deposited in favour of Rajender Singh son of
Karam Sngh, vide RD No. 386 dated 19.11.2005 against
amount of Rs.267562/-

Civil Revision No. 4021 of 2009 (O&M)
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Another amount of Rs.2135990/- deposited in favour of
Rajinder son of Karam Singh and an amount of
Rs.1030523/- deposited in favour of Nirmala Devi wife of
Nafe Singh vide RD No. 698 dated 25.3.2009 against
amount of Rs.4545934/- TDS has already been deducted
against this amount.

Refund vouchers in favour of rightful claimants, be
issued against proper receipt, verification and
identification. Photographs of the applicants be taken on
record. Vouchers be given to the concerned person only
and not to the power of attorney. Application for refund
vouchers stands disposed off accordingly.
File be now put up on 10.6.2009, the date already fixed
in the case, for filing revised calculations, if any.”

The petitioner is entitled to release of voucher, through duly

appointed attorney i.e. Sh. Nafe Singh. In absence of any doubt with

regard to power of attorney, it was not open to the Court to pass the

impugned order denying the release of refund voucher to the petitioner

through attorney. The impugned order on the face of it being perverse,

cannot be sustained in law.

This revision is allowed and the impugned order is set aside.

The refund voucher in the name of the petitioner be released to his

attorney.

Revision allowed.

(Vinod K. Sharma)
Judge
September 23, 2009
R.S.