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2025 DAILYLAW 51587 (PNJ)

JITEN v. UNION TERRITORY, CHANDIGARH AND OTHERS

CWP/12048/2025 · 2025-05-02

Meenakshi I Mehta, Sanjeev Prakash Sharma

body2025

Judgment text

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113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT JITEN UNION TERRITORY, CHANDIGARH CORAM: HON'BLE MR. JUSTICE HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present: Mr. for the petitioner. Mr. Sanjiv Ghai, Standing counsel for the respondents. * SANJEEV PRAKASH SHARMA 1. Both the learned counsel for the parties are issue raised in the present Writ Petition can be disposed in terms of the order dated 25.02.2025 passed by the Coordinate Bench of this Court in CWP-26405-2024 Territory, Chandigarh and as under:- cause notice, this Court permits the petitioners to challenge the decision pursuant thereto made by the Town Vending Committee, thus through a statutory appeal becoming raised thereagainst, before the co concerned. Moreover, if the said statutory appeal is time barred, thereupon on an application cast under Section 5 of the Limitation Act, becoming appended with the statutory appeal, thus a valid speaking order shall be made by authority concerned. Subsequently, the said statutory appeal IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: UNION TERRITORY, CHANDIGARH AND OTHERS HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Mr. Parminder S. Kaul, Advocate for the petitioner. Mr. Sanjiv Ghai, Standing counsel for the respondents. **** SANJEEV PRAKASH SHARMA, J. (Oral) Both the learned counsel for the parties are issue raised in the present Writ Petition can be disposed in terms of the order dated 25.02.2025 passed by the Coordinate Bench of this Court in 2024 titled as Puneet Sharma and Others Territory, Chandigarh and others ; wherein the Coordinate Bench has held “15. In aftermath, after upholding the impugned show cause notice, this Court permits the petitioners to challenge the decision pursuant thereto made by the Town Vending Committee, thus through a statutory appeal becoming raised thereagainst, before the competent appellate authority concerned. Moreover, if the said statutory appeal is time barred, thereupon on an application cast under Section 5 of the Limitation Act, becoming appended with the statutory appeal, thus a valid speaking order shall be made by authority concerned. Subsequently, the said statutory appeal IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12048-2025 (O&M) Date of Decision:2nd of May, 2025 ..…...Petitioner(s) V/s. OTHERS .....Respondent(s) SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Parminder S. Kaul, Advocate Mr. Sanjiv Ghai, Standing counsel Both the learned counsel for the parties are ad idem that the issue raised in the present Writ Petition can be disposed in terms of the order dated 25.02.2025 passed by the Coordinate Bench of this Court in Puneet Sharma and Others Vs. Union the Coordinate Bench has held “15. In aftermath, after upholding the impugned show cause notice, this Court permits the petitioners to challenge the decision pursuant thereto made by the Town Vending Committee, thus through a statutory appeal becoming raised mpetent appellate authority concerned. Moreover, if the said statutory appeal is time barred, thereupon on an application cast under Section 5 of the Limitation Act, becoming appended with the statutory appeal, thus a valid speaking order shall be made by the appellate authority concerned. Subsequently, the said statutory appeal Suresh Kumar 2025.05.06 10:16 I attest to the accuracy and integrity of this document CWP-12048-2025 shall be registered and shall be decided on merits by the appellate authority concerned, but after hearing all the affected persons concerned. The said appeal be filed within two we from today, and, be ensured to be decided within two months thereafter. remain stayed, and, subsequently, in case an application, for an alike relief being claimed, becomes filed before the A Authority, the same shall be lawfully decided within two weeks from the date of filing of the said application. 2. It is informed to the Court that the petitioner has already filed an appeal before the appellate authority which is still to be 3. Accordingly, we direct the appellate authority decide the appeal of the petitioner within a period and till then the 4. It is made clear that if the petition deposit the amount outstanding as claimed by the respondents. 5. The present 6. Al accordingly. May 2, 2025 Ess Kay Whether speaking / reasoned Whether Reportable 2025 (O&M) shall be registered and shall be decided on merits by the appellate authority concerned, but after hearing all the affected persons concerned. The said appeal be filed within two we from today, and, be ensured to be decided within two months thereafter. 16. Till then the operation of the cancellation order shall remain stayed, and, subsequently, in case an application, for an alike relief being claimed, becomes filed before the A Authority, the same shall be lawfully decided within two weeks from the date of filing of the said application. It is informed to the Court that the petitioner has already filed an appeal before the appellate authority which is still to be Accordingly, we direct the appellate authority decide the appeal of the petitioner within a period and till then the operation of the cancellation order It is made clear that if the petition deposit the amount outstanding as claimed by the respondents. The present CWP is disposed of All pending applications in this [SANJEEV PRAKASH SHARMA [MEENAKSHI I. MEHTA Whether speaking / reasoned : Whether Reportable : shall be registered and shall be decided on merits by the appellate authority concerned, but after hearing all the affected persons concerned. The said appeal be filed within two weeks from today, and, be ensured to be decided within two months Till then the operation of the cancellation order shall remain stayed, and, subsequently, in case an application, for an alike relief being claimed, becomes filed before the Appellate Authority, the same shall be lawfully decided within two weeks from the date of filing of the said application.” It is informed to the Court that the petitioner has already filed an appeal before the appellate authority which is still to be decided. Accordingly, we direct the appellate authority concerned to decide the appeal of the petitioner within a period two months from today order shall remain stayed. It is made clear that if the petitioner wants, he is always free to deposit the amount outstanding as claimed by the respondents. of in the aforesaid terms. pending applications in this case are disposed of SANJEEV PRAKASH SHARMA] JUDGE [MEENAKSHI I. MEHTA] JUDGE : Yes / No : Yes / No Suresh Kumar 2025.05.06 10:16 I attest to the accuracy and integrity of this document