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High Court of Punjab and HaryanaCWP/3573/2017allowed

Ram Rattan v. Chandigarh Administration Thru. Advisor To Administrator,Chandigarh And ORS.

2017-03-30Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

CWP-3573-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3573-2017 Date of Decision: March 30, 2017 Ram Rattan .....Petitioner

Versus

Chandigarh Administration and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.Rakesh Bhatia, Advocate for the petitioner.

Mr.Jaivir Chandial, Advocate for the respondents.

........

SURYA KANT, J.

The petitioner assails the order dated 04.06.2014, 07.01.2016 and 31.01.2017, Annexures P-3, P-5 and P-7 respectively, whereby the lease rights in respect of built up booth No.74 in Grain Market, Sector 26, Chandigarh, were cancelled and the appeal and revision petition preferred by the petitioner have also been dismissed.

[2] One of the grievance in the instant petition is that the Revisional Authority has dismissed the petitioner's revision only on the ground of being time barred as there was a delay of 21 days only. [3] We have gone through the order passed by the Revisional Meenu 2017.04.06 14:16 I attest to the accuracy and authenticity of this document chandigarh Authority and are satisfied that in such like cases the authorities are expected

CWP-3573-2017 -2to take a pragmatic view and make an endeavour to decide the case on merits instead of rejecting the same on technical ground like being barred by limitation. The delay of 21 days cannot be said to be fatal in nature. Consequently, we allow the writ petition in part; set aside the order dated 31.01.2017 passed by the Revisional authority and remit the case to the said authority to decide the petitioner's revision petition afresh on merits. Till such decision, no recovery shall be effected from the petitioner. [4] The parties are directed to appear before the Revisional Authority on 24.04.2017.

( SURYA KANT ) JUDGE March 30, 2017 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.04.06 14:16 I attest to the accuracy and authenticity of this document chandigarh