Gurpreet Singh v. The Financial Commissioner (Appeals) Punjab And Others
2023:PHHC:081806 CWP-13257-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-13257-2023 Date of Decision:-07.06.2023 Gurpreet Singh ......Petitioner
Versus
The Financial Commissioner (Appeals), Punjab & others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****
Present:
Mr. P.S. Chahal, Advocate and Mr. G.S. Nagra, Advocate for the petitioner.
**** ALOK JAIN, J. (Oral) 1.
The present petition is for setting aside the order dated 25.05.2023, whereby the quasi-judicial authority has dismissed the application for stay filed by the petitioner along with his appeal under Section 13 of the Punjab Land Revenue Act, 1887. 2.
Learned counsel for the petitioner submits that the arguments raised by the petitioner have not been considered and the order is absolutely silent and non-speaking, which demonstrates non-application of mind. 3.
Notice of motion.
4.
Ms. Kanica Sachdeva, Asst. A.G., Punjab, accepts notice on behalf of respondent-State.
5.
Notice to the private respondents shall only procrastinate the proceedings, which are pending since long.
PARUL 2023.06.08 18:33 I attest to the accuracy and authenticity of this document
2023:PHHC:081806 CWP-13257-2023 6.
In light of the above, I deem fit to dispose of the present petition by setting aside the order dated 25.05.2023 and relegating the petitioner to the Financial Commissioner Appeals to decide the stay application afresh by passing a speaking order and assigning reasons after recording the arguments of the parties.
7.
The matter is already fixed for 20.07.2023 for hearing the main case by Financial Commissioner, Appeals. Accordingly, the order dated 06.01.2023 shall be kept in abeyance till 20.07.2023 only for the purpose of enabling the Financial Commissioner Appeals to pass an appropriate order. 8.
According, the present petition stands disposed of. (ALOK JAIN) JUDGE June 07, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.06.08 18:33 I attest to the accuracy and authenticity of this document