Jagan Lal v. Jagdish And Others
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Mr. Rajesh Lamba, Advocate, accepts notice on behalf of respondent No.1 and filed Power of Attorney, which is taken on record. In view of the same, issuance of formal notice qua proforma respondents No.2 to 47 is hereby dispensed with. At this stage, learned counsel for respondent No.1 submits that he has no objection if another Local Commissioner is appointed instead of same Local Commissioner i.e. Tehsildar Hodal, who had furnished the previous report, which was discarded by the concerned Court. To this offer, so made, learned counsel for the petitioner has no objection. There are assertions in the petition about the same Local Commissioner to have been appointed through whom the previous report was furnished. In the same, proceedings were discarded by the Court below.
In the given circumstances, in view of the offer, so made by learned counsel for respondent No.1, which is acceptable to learned counsel for the petitioner, the instant revision petition is hereby accepted and the Court below is hereby requested to appoint the fresh Local Commissioner, who should not be the officer, who furnished the report previously, which is dated 28.08.2023.
On query, it was disclosed that the date fixed before the Court below is 22.03.2024. In the given circumstances, parties are hereby requested to make appearance before the Court below and the concerned Court shall proceed further with the appointment of the Local
Commissioner, as observed aforesaid and proceed further with the case. In view of the aforesaid terms, the instant revision petition is hereby disposed of.
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