L N Gandhi v. Financial Commissioner Cum Principle Secretary Huda And ORS

CWP-23683-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23683-2017 Date of decision : 05.02.2020 L N Gandhi ....Petitioner V/s Financial Commissioner cum Principle Secretary Huda & ors. ....Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Jagdish Manchanda, Advocate for the petitioner. Mr. Ankur Mittal, Addl. A.G. Haryana.

Mr. R.D. Bawa, Advocate with Mr. Samuel Gill, Advocate for respondents no. 2 & 3. RAJAN GUPTA J. (ORAL) Petitioner inter alia has challenged the order dated 16.08.2017, Annexure P-26 passed by Principal Secretary to Govt. of Haryana, Town & Country Planning Department. Operative part of the order reads as under:- "4. I have heard the parties at length and gone through the record of the case. The petitioner while filling the present Revision Petition has not mentioned any provision of the HUDA Act where under the same has been filed. Since the revision petition before the Revisional Authority only lies against the order of the appellate authority passed under Section 17(5) of the HUDA Act which is not the position in the present case, I deem it appropriate to agree with the contentions of the HUDA counsel and hereby order to dismiss the present Revision Petition. The petitioner may avail appropriate legal remedy against the impugned speaking order dated 23.12.2014.

AJAY KUMAR 2020.02.07 16:59 I attest to the accuracy and authenticity of this document

CWP-23683-2017 After hearing the arguments on 12.07.2017, the orders were reserved."

It has been vehemently contended by counsel for the petitioner that revision before the authority is maintainable. According to him, excess amount has been demanded from the petitioner. He shall produce a calculation sheet before the revisional authority to prove this contention. In view of this stand, we propose to remit the case to the same authority for decision afresh. Mr. Bawa, learned counsel appearing for respondents no. 2 & 3 has no objection to this. Under the circumstances, impugned order dated 16.08.2017, Annexure P-26 is hereby set-aside. Matter is remitted to same authority for decision afresh after affording opportunity of hearing to the parties. Decision be taken expeditiously, preferably within a period of three months. Disposed off.

(RAJAN GUPTA) JUDGE February 05, 2020 (KARAMJIT SINGH) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2020.02.07 16:59 I attest to the accuracy and authenticity of this document