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(2021) Law Today Live Doc. Id. 16035 = 2021(2) L.A.R. 184
Decided on: 09.03.2021
Present:
Mr. Simranjeet Singh Sarwara, Advocate, for the petitioner.
(The proceedings were conducted through video conferencing, as per instructions.)
Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 – Constitution of India, Article 226 -- Appointment of Lambardar – Appeal and stay application before FC – Non-decision upon – Writ petition -- Appeal came up for preliminary hearing on 02.02.2021 but was adjourned to 20.04.2021 as the said officer did not hold the Court on that day – Application for preponement was listed on 23.02.2021, but has again been adjourned to 20.04.2021 -- Petition disposed of with directions that the stay application be heard and decided on 20.04.2021 by the learned Financial Commissioner -- In case there is any exigency in holding the Court on 20.04.2021, then the order be passed on the said application within a period of one week thereafter.
(Para 1, 2, 5)
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G.S. SANDHAWALIA, J. (ORAL) –
1. Counsel for the petitioner, inter alia, submits that the order of appointment of the petitioner as Lambardar by the Deputy Commissioner on 12.12.2017 (Annexure P-1) has been wrongly set aside by the Divisional Commissioner, Patiala on 04.11.2020 (Annexure P-2), by taking over the role of the Collector, as such, and without giving any reason as to the illegality in the said order.
2. Counsel for the petitioner submits that an appeal has been filed before the learned Financial Commissioner, which came up for preliminary hearing on 02.02.2021 but was adjourned to 20.04.2021 as the said officer did not hold the Court on that day. Another application was filed for pre-ponement, which was listed on 23.02.2021, but now the hearing of the case has again been adjourned to 20.04.2021.
3. Notice of motion.
4. Ms. Simran Grewal, AAG, Punjab, accepts notice on behalf of respondent nos.1 to 3.
5. Keeping in view the above, the present petition is disposed of with directions that the stay application of the petitioner be heard and decided on 20.04.2021 by the learned Financial Commissioner. In case there is any exigency in holding the Court on 20.04.2021, then the order be passed on the said application within a period of one week thereafter.
6. The writ petition is disposed of with the above directions.
Order accordingly.
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