Kuldip Kumar And Others v. Director, Rural Development And Panchayat Department Punjab And Others

CWP No. 25063 of 2023 (O&M) -12023:PHHC:118804-DB In the High Court of Punjab and Haryana at Chandigarh (205) CWP No. 25063 of 2017 (O&M) Date of Decision: 11.9.2023 Kuldip Kumar and others ......Petitioners

Versus

Director, Rural Development and Panchayat .....Respondents Department, Punjab and others CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. K.S.Dadwal, Advocate for the petitioner.

Mr. Maninder Singh, DAG, Punjab.

Mr. Jagdish Manchanda, Advocate for respondent No. 3.

Mr. Saurabh Arora, Advocate for the applicant (in CM-1615-CWP-2018).

**** SURESHWAR THAKUR , J. (ORAL) CM-1615-CWP-2018 1.

Mr. Saurabh Arora, Advocate appears on behalf of the applicant, and, files his power of attorney, which is taken on record. 2.

The learned counsel for the applicant submits, that he does not press the instant application, and, the same be dismissed as such. 3.

Dismissed as not pressed.

CWP No. 25063 of 2017 1.

The learned counsels for the litigants are ad idem, that the impugned order dated 19.5.2017, as carried in Annexure P-21, is drawn in a slipshod manner, and/or without any well recorded reasons for setting aside Annexure P-20. Therefore, it is conjointly submitted by the learned counsels for the litigants concerned, that Annexure P-21, be quashed and set aside, GURPREET SINGH 2023.09.13 10:48 I attest to the accuracy and authenticity of this order/judgement Chandigarh

CWP No. 25063 of 2023 (O&M) -22023:PHHC:118804-DB and, the lis be remanded to the learned Appellate Authority concerned, for deciding it afresh.

2.

In view of the above, the instant petition is allowed. The impugned Anneuxre P-21 is set aside, and, the lis is remanded to the learned Appellate Authority concerned. The learned Appellate Authority concerned, is directed to restore the statutory appeal bearing No. 168 of 2012 to its original number. The learned Appellate Authority concerned, is further directed to within four months from today, and, after hearing all the affected persons concerned, pass a detailed, speaking, and, lawful decision, upon the said statutory appeal. In the above decision making process, the learned Appellate Authority concerned, shall consider the evidentiary value of all the documents referred to by the learned Collector concerned, in his order embodied in Annexure P-20.

3.

The pending application(s), if any, is/are also disposed of. (SURESHWAR THAKUR) JUDGE (KULDEEP TIWARI) JUDGE September 11, 2023 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2023.09.13 10:48 I attest to the accuracy and authenticity of this order/judgement Chandigarh