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High Court of Punjab and HaryanaCWP/19812/2015dismissed

Jatinder Pal Singh v. State Of Punjab & ORS

2015-11-16Mr. Justice R.P. Nagrath2 pages

VINOD KUMAR 2015.11.18 14:46 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19812 of 2015 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.19812 of 2015 Date of decision:16.11.2015 Jatinderpal Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. GBS Bal, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The revision petition filed by the petitioner was dismissed by the Financial Commissioner on account of his non-appearance on 08.12.2011. The petitioner filed an application for recalling of the aforesaid order which was also dismissed on 16.07.2013 and hence, the present writ petition has been filed.

Counsel for the petitioner has submitted that though there is a default on his part, yet he has prayed for quashing of the order dated 16.07.2013 in order to grant one more opportunity to the petitioner to pursue his revision petition.

After hearing learned counsel for the petitioner and examining the entire record, I am of the considered opinion that no relief can be granted to the petitioner in this case because the revision petition was filed by the petitioner on 05.06.2009, which was initially dismissed for non-

VINOD KUMAR 2015.11.18 14:46 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19812 of 2015 [ 2 ] ***** prosecution on 06.10.2009. The petitioner filed restoration application on 09.11.2009 which was also dismissed for non-prosecution on 11.02.2010. He then filed an application for restoration of the application on 04.05.2010, which was allowed on 18.11.2010 but again the main revision petition was dismissed for non-prosecution on 08.12.2011. The petitioner then filed an application for restoration on 23.01.2013 i.e. after a delay of one year and without assigning any cogent reason explaining the delay. Thus, in the background of the aforesaid facts and circumstances of the case, his application for restoration has been dismissed in which there is no error on the part of the Financial Commissioner.

Consequently, the present writ petition is found to be without any merit and hence, the same is hereby dismissed. November 16, 2015 (Rakesh Kumar Jain) vinod* Judge