Ram Julam Thakur v. State Of Punjab & ORS

CWP No.801 of 2018 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.801 of 2018 Date of decision: 17.05.2018 Ram Julam Thakur .... Petitioner

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present : Mr.Inderjit Sharma, Advocate for the petitioner.

Mr. Bhupender Beniwal, AAG, Punjab.

Mr.Vikas Bali, Advocate for respondents No.3 and 4.

**** Avneesh Jhingan, J.

The present petition has been filed for quashing of order (Annexure P-2) passed by the Collector.

The grievance raised in the petition is that an application under Order 14 Rule 2 CPC was moved raising a preliminary issue that there is no jurisdiction with the Court to try the petition filed before it. The said application was dismissed vide Annexure P-2. For ready reference, the entire order Annexure P-2 is quoted below :- "File is presented. Petitioner along with counsel is present. The case was called. None appeared on behalf of respondents. Arguments started. After hearing the arguments the application of the respondents is dismissed. File be present for written Anju 2018.05.22 16:27 I attest to the accuracy and integrity of this document phhc

CWP No.801 of 2018 -2statement of the respondent on the next date of 15.11.2017."

From the perusal, it does not appear it is an order. Even the date of passing of the order is not there. There are no reasons for dismissing the application. From the order, even it is not evident that what application is being dealt with.

In such circumstances, the said order is set aside and the matter is remitted back to the Collector to decide the application Annexure P-8 afresh by passing a speaking order after affording opportunity of hearing to the parties concerned.

(AVNEESH JHINGAN) 17.05.2018 JUDGE anju 1.Whether the order is speaking/reasoned:

Yes/No 2.Whether the order is reportable :

Yes/No