Kewal Krishan And Others v. Financial Commissioner Punjab Etc

LPA-1903-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-1903-2018 (O&M) Date of Decision: December 17, 2018 Kewal Krishan and others ...Appellants

Versus

Financial Commissioner, Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE.

HON'BLE MR. JUSTICE ARUN PALLI, JUDGE.

Present:

Mr. Vikas Bahl, Senior Advocate, with Mr. Kashish Garg, Advocate, and Mr. Akshay Rawal, Advocate, for the appellants.

Mr. Shreeish Gupta, Sr. DAG, Punjab, for respondent Nos. 1 to 4.

Mr. Ravish Bansal, Advocate, for respondent No. 5.

Mr. Abhishek Singla, Advocate, for respondent Nos. 6 to 21.

KRISHNA MURARI, C.J. (ORAL) Notice of motion.

Mr. Shreeish Gupta, Sr. DAG, Punjab, Mr. Ravish Bansal, Advocate, and Mr. Abhishek Singla, Advocate, present in Court, accept notices on behalf of respondents No. 1 to 4; respondent No. 5; and respondents No. 6 to 21 respectively.

Heard learned counsel for the parties and with their consent the appeal is being finally disposed of.

PRASHANT KAPOOR 2018.12.20 09:24 I attest to the accuracy and authenticity of this document

LPA-1903-2018 (O&M) The sole ground which has been urged before us in support of the appeal is that the learned Single Judge passed the impugned order, allowing the writ petition, without issuing notice of motion to the appellants herein, by means of an ex parte order, dated 02.05.2018. This factual position is not being disputed either by learned Senior Deputy Advocate General appearing for the State of Punjab, and Mr. Ravish Bansal & Mr. Abhishek Singla, learned counsel for the private respondents.

Once this is an admitted position of fact that the order impugned in this case has been passed without affording an opportunity of hearing, the same cannot be sustained being violative of the principles of natural justice.

Accordingly, the impugned judgment and order dated 02.05.2018, rendered by the learned Single Judge is set aside and the appeal accordingly stands allowed. The matter is remitted back to the learned Single Judge to decide the same afresh on merits after notice and opportunity to the appellants.

The parties may appear before learned Single Judge through their counsel on 10.01.2019.

(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE December 17, 2018 Pkapoor Whether Speaking/Reasoned:

YES / NO Whether Reportable:

YES / NO PRASHANT KAPOOR 2018.12.20 09:24 I attest to the accuracy and authenticity of this document