High Court of Punjab and Haryana, Chandigarh
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Babu Ram and Anr. v. State of Punjab and Ors. - CWP-19047-2006  RD-P&H 11191 (23 November 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA
C.W.P. No. 19047 of 2006
Date of decision: 01.12. 2006
Babu Ram and Anr. .........Petitioners
State of Punjab and Ors. ...........Respondents
CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON'BLE MRS. JUSTICE NIRMAL YADAV
Present: Mr. P.K. Gupta, Advocate
for the petitioners
ASHUTOSH MOHUNTA, J (Oral)
The petitioners are aggrieved by the order dated 15.11.2006 (Annexure P-2), by which their case, which was pending before respondentNo.2, has been ordered to be transferred to respondent No. 3- Divisional Commissioner, Patiala Division, Patiala.
Learned counsel for the petitioners submits that by virtue of the Notification dated 14.11.2006 (Annexure P-3), issued by the Government of Punjab, the Joint Development Commissioner (IRD), Punjab, is the competent authority to hear the cases relating to the Patiala Division, District Kapurthala and Nawanshahr.
It is contended that this case of the petitioners should, therefore, be transferred to respondent No. 5 instead of respondent No. 3.
Notice of motion.
On the asking of the Court, Mr. C.M. Munjal, Senior Additional C.W.P. No. 19047 of 2006 2
Advocate General, Punjab, accepts notice on behalf of the respondents and he does dispute the fact that the cases relating to the Patiala Division, are to be heard by respondent No. 5.
In view of the above Notification, we set aside the order dated 15.11.2006 (Annexure P-2) and order that the case of the petitioners be transferred to respondent No. 5, who shall decide the same on merits.
Parties are directed to appear before respondent No. 5 on 08.01.2007.
Copy of the order be given dasti.
( ASHUTOSH MOHUNTA)
( NIRMAL YADAV)
December 01, 2006
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