High Court of Punjab and HaryanaCWP/27778/2017disposed of

Naveen Kumar Batra v. State Of Haryana And ORS.

2017-12-18Mr. Justice M.M. Aggarwal,Mr. Justice Jitendra Chauhan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-27778-2017 (O&M) Date of decision:- 18.12.2017 Naveen Kumar Batra

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:- Mr. Suneet Singh Deol, Advocate, for the petitioner.

Mr. Deepak Balyan, Additional Advocate General, Haryana. * * * * S.J. VAZIFDAR, C.J. (ORAL) The petitioner has challenged an order dated 30.10.2017 by which his review application was dismissed by respondent No.

i.e.

the Secretary-cum-Financial Commissioner, Department of Country and Town Planning, Haryana. 2.

It is not necessary to refer to the facts in detail. Suffice it to note that the petitioner had filed CWP-9627-2017 challenging the order dated 27.04.2011 allowing a revision filed by HUDA. The effect thereof was that the order of resumption dated 29.12.2005 was upheld. CWP-9627-2017 was disposed of by an order of this Court dated 12.07.2017. The petitioner withdrew the same to avail of the alternate remedy of filing a review before respondent No. 1.

The petitioner subsequently filed a review application. By a notice dated 06.10.2017, the respondents informed the petitioner that the hearing of the review application was fixed for 11.10.2017. However, the notice was Amodh Sharma 2017.12.20 10:59 I attest to the accuracy and integrity of this document Chandigarh

CWP-27778-2017 (O&M) delivered to the petitioner only thereafter on 16.10.2017. The petitioner, therefore, was absent. There is no dispute in this regard.

Accordingly, the impugned order dated 30.10.2017 is set aside and the matter is remanded to respondent No. 1 to decide the review application after affording the petitioner an opportunity of being heard. The petitioner shall appear in the office of respondent No. 1 in the first instance on 27.12.2017 at 11.00 AM on which date he shall be informed the next date of hearing. No further notice in this regard shall be issued to the petitioner.

The writ petition is accordingly disposed of. (S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 18.12.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2017.12.20 10:59 I attest to the accuracy and integrity of this document Chandigarh