IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 21169 of 2008
Date of Decision: 24.12.2008
Amarjit Singh
....Petitioner
Versus
Commissioner, Jalandhar Division, Jalandhar & others
...Respondents
CORAM : Hon'ble Mr. Justice J.S. Khehar.
Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Mr. Satbir Rathore, Advocate
for the petitioner.
Mr. P.C. Goyal, Additional Advocate General, Punjab
for respondents No.1 to 3.
Mr. N.S. Sodhi, Advocate
with Mr. Shivoy Dhir, Advocate
for respondents No.5 and 6.
J.S. KHEHAR, J. (ORAL)
A perusal of the dasti notice issued to respondent No.4
reveals that respondent No.4 has been duly served. Respondent no.4 is
neither present in the Court in person nor represented through counsel.
Respondent no.4 is, accordingly, proceeded against ex-parte.
Learned counsel for respondents No.1 to 3 acknowledges that
the observations recorded by the Commissioner, Jalandhar Division,
Jalandhar, while passing the order dated 05-08-2008 (Annexure P-12)
to the effect that he did not have jurisdiction to adjudicate upon the
CWP No. 21169 of 2008 -2-
controversy, was misconceived and as such, he has no objection, if the
order dated 05-08-2008 is set aside and the matter is remanded back to
the Commissioner, Jalandhar Division, Jalandhar, requiring him to
re-adjudicate the same on merits.
Although, the submission made at the hands of learned
counsel representing respondents No.1 to 3 is opposed by learned counsel
representing respondents No.5 and 6, we are satisfied that the issue is
purely legal in as much as the Commissioner, Jalandhar Division,
Jalandhar was fully competent to dispose of the matter on merits, yet under
some mistaken belief, he has chosen to hold that it is only this Court which
is competent to decide the same on merits. As such, we are of the view
that the ends of justice would be met if the impugned order dated
05-08-2008 passed by the Commissioner, Jalandhar Division, Jalandhar is
set aside, and the matter is remanded back to the Commissioner,
Jalandhar Division, Jalandhar, requiring him to adjudicate the same on
merits after affording an opportunity of hearing to the rival parties.
Accordingly, the impugned order dated 05-08-2008 (Annexure
P-12) is, hereby, set aside and the matter is remanded back to the
Commissioner, Jalandhar Division, Jalandhar. The rival parties are directed
to appear before the Commissioner, Jalandhar Division, Jalandhar on
19-01-2009.
Writ Petition stands disposed of in the aforesaid terms.
(J.S. KHEHAR)
JUDGE
(NIRMALJIT KAUR)
December 24, 2008 JUDGE
gurpreet
