Estate Officer U.T.Chandigarh v. Charan Kaur & ANR.

CWP No.3552 of 2015 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3552 of 2015 Date of Decision.27.02.2015 Estate Officer, U.T., Chandigarh .......Petitioner

Versus

Charan Kaur and another ......Respondents

Present:

Ms. Alka Chatrath, Advocate with Ms. Manpreet Kaur, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ? Yes 2.

To be referred to the Reporters or not ? Yes 3.

Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J. (ORAL) 1.

Learned counsel for the petitioner seeks for permission to withdraw the writ petition with liberty to approach the Permanent Lok Adalat which is to consider the decision already impugned for review in the light of the evidence collected that the private respondent has manipulated official records and has brought about wrong entries making it look as though she was a resident in the particular place where she was claiming an allotment.

2.

The maintainability of review petition itself cannot be a subject of contest, for I hold that Section 22D of the Legal Services Authority Act enacts a procedure which is even more liberal than Code of Civil Procedure. Section 22D of the Legal Services Authority Act is reproduced as under:- "22D. Procedure of Permanent Lok Adalat - The Permanent Lok Adalat shall, while conducting conciliation proceedings PANKAJ KUMAR 2015.03.03 17:11 I attest to the accuracy and integrity of this document

CWP No.3552 of 2015 -2or deciding a dispute on merit under this Act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872."

3.

The Civil Procedure Code provides for a power of review. If a procedure prescribed is liberal in the sense the powers are not restricted to a procedural aspects contained in Code of Civil Procedure, I will find that such a liberal construction shall include a power to review as well.

4.

The writ petition is dismissed with the liberty as aforesaid. If there is any delay in approaching the Permanent Lok Adalat, any reason that may be given, may be duly considered and appropriate decision taken in accordance with law.

(K. KANNAN) JUDGE February 27, 2015 Pankaj* PANKAJ KUMAR 2015.03.03 17:11 I attest to the accuracy and integrity of this document