Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11937 of 2014(O&M) Date of Decision: June 16, 2014 Indo Global Education Foundation Society ..Petitioner Versus District Development and Panchayat Officer, SAS Nagar and others ..Respondents CORAM:- HON'BLE MR.JUSTICE RAJIVE BHALLA HON'BLE MR.JUSTICE HARINDER SINGH SIDHU Present: Mr.Ashish Aggarwal, Senior Advocate with Mr.HaRs.Bunger, Advocate for the petitioner.
Mr.Arshvinder Singh, Addl.
AG, Punjab.
*** RAJIVE BHALLA, J.(ORAL) The petitioner's precise grievance is that an order of eviction has been passed under the Punjab Public Premises & Land (Eviction & Rent Recovery) Act, 1973, without affording an adequate opportunity to the petitioner to put-forth its defence, inspect the records or address arguments.
Counsel for the petitioner submits that as the order of eviction is violative of the principles of natural justice and no attempt, whatsoever, has been made to hear the petitioner before passing the impugned order, the writ petition may be allowed by setting aside the impugned order and respondent No.3 - the District Development & Panchayat Officer, Roopnagar may be directed to decide the petition for eviction afresh after affording proper opportunity to the petitioner.
CWP No.11937 of 2014(O&M) [2].Counsel for the State submits that all care has been taken while passing the impugned order to comply with principles of natural justice.
The reply filed by the petitioner has been taken into consideration and due opportunity was granted to the petitioner to put-forth its defence.
The order of eviction having already been passed on 21.5.2014, the petitioner may file an appeal under the aforesaid statute.
We have heard counsel for the parties and as the impugned order is admittedly appealable, dispose of the writ petition as infructuous with liberty to the petitioner to file an appeal in accordance with law.
Respondent No.3 shall provide a certified copy of the impugned order to the petitioner within a week from today, shall also allow the petitioner to inspect the record and take copies of any document, that may be required for filing the appeal.
Dispossession of the petitioner shall remain stayed for ten days from today.
( RAJIVE BHALLA ) JUDGE June 16, 2014 ( HARINDER SINGH SIDHU ) `gian' JUDGE