KASHMIRI LAL versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Kashmiri Lal v. State of Punjab & Ors - CWP-11345-2006 [2006] RD-P&H 4909 (27 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP NO.11345 of 2006

DATE OF DECISION: July 27, 2006

Kashmiri Lal

....Petitioner

VERSUS

State of Punjab and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE A.N.JINDAL

PRESENT: Shri SPS Tinna, Advocate for the petitioner.

Viney Mittal,J.(Oral).

Notice of motion to the respondents No.1 to 3 only at this stage.

On the asking of Court, Shri Ashok Jindal, Additional Advocate General, Haryana accepts notice on behalf of the said respondents.

The petitioner had filed an appeal challenging the order dated April 25,2005 (Annexure P.1) before the Commissioner, Ferozepur Division, Ferozepur, respondent No.2. The said appeal has been dismissed by the Commissioner vide order dated January 10,2006 (Annexure P.1) as being barred by limitation.

After hearing the learned counsel for the parties, we find that a hyper-technical view has been adopted by the Commissioner.

The petitioner had nothing to gain by filing the appeal after the period of limitation. The delay in filing the appeal had been well explained

by the petitioner. In these circumstances, the Commissioner should have condoned the delay in filing the said appeal.

Without commenting on the merits of the controversy in any manner, we dispose of the present petition and quash the order dated January 10,2006 (Annexure P.2) passed by the Commissioner, respondent No.2 and condone the delay in filing the appeal filed by the petitioner.

The matter is remanded back to the Commissioner for deciding the aforesaid appeal on merits of the controversy, in accordance with law. The petitioner shall appear before the Commissioner, Ferozepur Division, Ferozepur on August 29,2006 at 10.00 a.m.

A copy of the order be given dasti on payment of usual charges.

(Viney Mittal)

Judge

July 27, 2006 (A.N. Jindal)

KD Judge

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