Judgment:
CWP-13108-2012 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
CWP-13108-2012 (O&M) Date of decision: 21.4.2014 The Liquidator, The Hargobindgarh Cooperative Marketing-cum-Processing Society Ltd...Petitioner Versus The Financial Commissioner Revenue, Punjab & others ...Respondents CORAM: HON'BLE Mr.JUSTICE RAJAN GUPTA Present: Mr.D.V.Sharma, Senior Advocate with Ms.Madhu Sandhu, Advocate for the petitioner.
Mr.V.Ramswaroop, Addl.
A.G.Punjab.
Mr.R.S.Sihota, Senior Advocate with Mr.B.R.Rana and Mr.B.S.Dhillon, Advocates for respondents No.4 to 8.
Rajan Gupta, J.
(oral) Challenge in the instant writ petition is to order Annexure P-9, passed by the Financial Commissioner (Cooperation) Punjab, whereby he has dismissed the revision petition preferred by the petitioner.
Order has been assailed before this court on the ground that the authority has not dealt with the issue on merits.
The revision petition has been dismissed only on the ground that one of the parties namely, Mohinder Singh had died prior to the filing of the revision petition.
Mr.Sihota, learned senior counsel for respondents No.4 to 8, however, submits that the Financial Commissioner has rightly dismissed the revision petition as same would not lie against a dead person.
Singh Rajpal 2014.04.26 13:15 I attest to the accuracy and integrity of this document Chandigarh CWP-13108-2012 2 Besides, controveRs.has already been settled by the civil court vide order Annexure P-10.
I have heard learned counsel for the parties and given careful thought to the facts of the case.
A perusal of impugned order shows that all the issues involved have not been dealt with by the authority.
It is evident that one of the respondents namely, Mohinder Singh had died on 5.6.2009 while revision petition was filed on 11.8.2009.
Admittedly, at the time revision petition came up for hearing, the other respondent namely, Jagtar Singh was still alive.
It was, thus, incumbent upon the Financial Commissioner to deal with the issue on merits.
I, therefore, find that impugned order is unsustainable.
Same is hereby set-aside.
Matter is remitted to the same authority for decision afresh after hearing the parties.
Petition is allowed in these terMs.The Financial Commissioner shall endeavour to conclude the proceedings expeditiously preferably within a period of six months.
(RAJAN GUPTA) JUDGE214.2014 'rajpal' Singh Rajpal 2014.04.26 13:15 I attest to the accuracy and integrity of this document Chandigarh