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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Jarnail Singh – Appellant
Versus
Joint Development Commissioner – Respondent
JUDGMENT :
Sureshwar Thakur, J. (Oral)
1. The Gram Panchayat concerned, instituted an appeal under Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter for short called as the 'Act of 1961'), against the order dated 30.01.2019 (Annexure P-2), as made by the Collector concerned, whereby, the title suit filed by the present petitioners under Section 11 of the 'Act of 1961', has been accepted.
2. The said raised statutory appeal before the competent Appellate Authority was time barred, as such, a separate application along with the said statutory appeal, seeking condonation of delay of 92 days in filing the appeal, thus, became appended therewith. Through a decision made on the said delay application, on 06.08.2024 (Annexure P-9), the learned Commissioner concerned, condoned the delay of 92 days in filing the said appeal.
3. The aggrieved therefrom, the present petitioners approached this Court and reared thereagainst a writ petition under Section 226/227 of the Constitution of India, for the issuance of a 'writ in the nature of certiorari', for quashing and setting aside the impugned order dated 06.08.2024 (Annexure P-9) passed by the learned Commissioner
The court established that revisional authority cannot interfere with interlocutory orders lacking sufficient reasoning, emphasizing the need for a reasoned decision.
The court emphasized the necessity for procedural fairness and detailed reasoning in administrative decisions, particularly regarding the validity of documents and the rights of affected parties.
The main legal point established in the judgment is the liberal, pragmatic, justice-oriented approach, the elastic nature of 'sufficient cause', and the need to consider the conduct, behaviour, and a....
It is well settled that where no time limit is specified, whatever is required to be done should be within a reasonable period.
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