Gram Panchayat Village Kurala Khurd v. Chief Executive Officer And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-692-2023 (O&M) Date of decision: 02.02.2023 Gram Panchayat Vill. Kurala Khurd ..Petitioner (s)

Versus

Chief Executive Officer, Punjab Wakf Board and ors. ..Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. SP Soi, Advocate for the petitioner.

*** NIDHI GUPTA, J (Oral) Prayer in this Revision Petition is for quashing of order dated 12.01.2023 passed by the Chairman, Punjab Wakf Tribunal, Jalandhar vide which the evidence of the plaintiff-petitioner has been closed by order.

Learned counsel for the petitioner submits that the Tribunal is in error in passing the impugned order as earlier Sarpanch of the Gram Panchayat, Village Kurala Khurd has expired on 19.01.2022 and the present Sarpanch has joined the office only on 22.08.2022. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner to complete its evidence, as grave injustice will be caused to it if it is not permitted to do so. After hearing learned counsel for the petitioner, issuance of notion of motion is dispensed with at this stage, as it will cause further delay in the case. Accordingly, keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 12.01.2023 is set aside. The Tribunal is directed to grant one effective opportunity to the petitioner to complete its evidence, however subject to payment of Rs.5000/- as costs to the respondents. Disposed of as above. Pending application, if any, also stands disposed of.

( NIDHI GUPTA ) 02.02.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2023.02.06 11:35 I attest to the accuracy and integrity of this document