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High Court of Punjab and HaryanaCWP/25435/2017allowed

Gopal Singh And ANR v. State Of Punjab And ORS.

2019-05-15Mr. Justice Rajan Gupta1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 25435 of 2017 Date of decision : 15.05.2019 Gopal Singh & anr.

....Petitioners V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Rajinder Sharma, Advocate for the petitioners. Ms. Ambika Bedi, AAG Punjab.

RAJAN GUPTA J.

Petitioners have impugned order dated 03.10.2017, Annexure P-4 whereby recovery was ordered to be effected from the petitioners. It has been urged before the court that impugned order was passed without following the applicable Rules. Learned State counsel does not dispute this contention. However, she submits that fresh order shall be passed in compliance with the Rules.

In view of statement made by State counsel, impugned order dated 03.10.2017, Annexure P-4 is hereby set-aside. Liberty is, however, granted to the respondents-State to proceed as per the Rules and the procedure prescribed therein.

Petition is allowed in these terms.

May 15, 2019 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2019.05.17 10:09 I attest to the accuracy and authenticity of this document