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VIKAS BAHL
Shamsher Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 09.12.2022 (Annexure P-4) passed by the Financial Commissioner, Punjab, whereby the revision petition under Section 16 of the PUNJAB REVENUE ACT against the orders passed by the Collector, Gurdaspur and the Assistant Collector II Grade, Gurdaspur has been dismissed on merits in the absence of the counsel.
2. Learned counsel for the petitioner has submitted that the petitioner had filed ROR no.143 of 2022 against the orders dated 13.12.2021, 20.08.2015 and 01.10.2014 and the case was listed on 02.09.2022 and on the said date, the matter could not be taken up and the case was adjourned to 09.12.2022. It is submitted that on 02.09.2022, learned counsel for the petitioner was present but on account of heavy Board, the matter could not be taken up. It is further submitted that on 09.12.2022 learned counsel for the petitioner could not appear before the Financial Commissioner on account of personal difficulty and the Financial Commissioner instead of either adjourning the matter or dismiss
The court's decision was based on the principle that the nature of the order being interlocutory, and the judgments not suffering from any factual or legal error apparent from the face of the record,....
The dismissal of an appeal for non-prosecution without hearing the appellant violates principles of natural justice.
Inherent power to review exists when decisions are made without jurisdiction, allowing for restoration of appeal to avoid injustice.
The discretionary power of the court in deciding writ petitions under Article 226 of the Constitution and the exclusion of writ proceedings from the provisions of the Code of Civil Procedure.
The obligation to consider the application for stay on merits and the requirement to suspend the operation of an order with serious civil consequences during the pendency of the appeal.
The state authorities must ensure the verification of required documents when they are in their custody; rejection of cases solely based on non-production by petitioners is not sustainable.
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