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(2020) Law Today Live Doc. Id. 15501 = 2021(1) L.A.R. 110
Decided on: 07.10.2020
Present:
Mr. S.S. Duhan, Advocate, for the petitioner.
Mr. Rajesh Gaur, Additional Advocate General, Haryana and Mr. Minderjeet Yadav, Deputy Advocate General, Haryana.
Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 -- Appointment of Lambardar – Long pendency of Revision/Stay application -- R.O.R. pending since 22.05.2019 -- Financial Commissioner is directed to consider on merits the appeal and the stay application and pass appropriate orders -- In the event the appellate authority is not in a position to dispose of the main appeal immediately, the stay application filed therein shall be considered expeditiously on merits not later than two weeks by affording an opportunity of hearing to both the parties.
(Para 1-5)
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SANJAY KUMAR, J. (ORAL) –
1. The petitioner was appointed as the Lambardar of Village Jalalpur Khurd, Tehsil and District Jind, Haryana. However, his appointment was set aside by the Commissioner, Hisar Division, Hisar, vide order dated 02.05.2019, and the fourth respondent herein was appointed as the Lambardar in his place. Aggrieved thereby, the petitioner preferred an appeal in ROR No. 577 of 2018-2019 dated 22.05.2019 before the Financial Commissioner, Department of Revenue, Government of Haryana, under Section 16 of the Punjab Land Revenue Act, 1887. He claims to have filed a stay application also in the said appeal. His complaint before this Court is that the appellate authority has not chosen to pass any order, be it in the stay application or in the main appeal filed by him.
2. It is not open to the statutory authorities to render ineffective the remedies provided under the statute. They necessarily have to discharge their quasi-judicial functions promptly so as to afford justice to the aggrieved parties who come before them. The inaction on the part of the appellate authority, the first respondent herein, therefore cannot be countenanced.
3. As this Court does not propose to go into the merits of the matter, it would not be necessary to put the fourth respondent on notice or afford him an opportunity of the hearing.
4. The writ petition is accordingly disposed of directing the Financial Commissioner, Department of Revenue, Government of Haryana, to consider on merits the appeal and the stay application filed by the petitioner in ROR No. 577 of 2018-2019 dated 22.05.2019 and pass appropriate orders. In the event the appellate authority is not in a position to dispose of the main appeal immediately, the stay application filed therein shall be considered on merits and in accordance with law to decide the entitlement of the petitioner to interim relief, if any. This exercise shall be completed expeditiously and, in any event, not later than two weeks from the date of receipt of a copy of this order.
5. Needless to state, the appellate authority shall afford an opportunity of hearing to both the parties before passing orders on the stay application.
6. No order as to costs.
Order accordingly.
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