Munsha Singh Since Deceased Through Kulbir Singh And Another v. State Of Punjab And Others

CWP-12148-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12148-2019 Date of decision : 13.01.2020 Munsha Singh (since deceased) through his LRs ....Petitioner(s) V/s The State of Punjab & ors.

....Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Ms. Satinder Kaur, Advocate for the petitioner. Mr. Sahil Sharma, DAG Punjab.

RAJAN GUPTA J. (ORAL) Petitioner(s) has sought a writ in the nature of certiorari for quashing impugned order dated 25.08.2017 passed by the authority being arbitrary and unsustainable in the eyes of law. It is inter alia contended by the petitioner that he has never been associated with the assessment. Besides, he has no connection with the mining as going on in the village as he is not the resident thereof. Reply by way of counter affidavit of Harjot Singh Walia, Executive Engineer-cum-District Mining Officer (Mining Division) Ludhiana has been filed in court. Same is taken on record. At the outset, learned State counsel has pointed out that petitioner has not exhausted the alternative statutory remedy as provided under the law. According to him, all pleas of the petitioner(s) could be considered by the appellate authority had the said remedy being availed. We find substance in the plea.

In view of above, learned counsel for the petitioner(s) submits that she may be allowed to withdraw the petition with liberty to avail the remedy of appeal alongwith an application for condonation of delay, if any. AJAY KUMAR 2020.01.15 13:47 I attest to the accuracy and authenticity of this document

CWP-12148-2019 Dismissed as withdrawn. In case appeal is filed within one month from today, the appellate authority shall be at liberty to pass appropriate orders thereon including application for condonation of delay, if any within three months thereof.

Till then status-quo be maintained.

(RAJAN GUPTA) JUDGE January 13, 2020 (KARAMJIT SINGH) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2020.01.15 13:47 I attest to the accuracy and authenticity of this document