Extracted from the PDF above. The PDF is authoritative.
Bhumika Bhati 2025.08.13 16:50 I attest to the accuracy and integrity of this document chandigarh
CWP-16022-2025 (O&M) -2-
order aforesaid order dated 15.11.2022 (Annexure P-6) has been dismissed.
2.
Learned counsel for the petitioner submitted that in the present case when the petitioner filed an appeal before the Appellate Authority, who was the Commissioner, Jalandhar Division after noting down the contentions and perusing the orders which have been passed by learned Collector, has dismissed the appeal without even assigning any reason and without considering the contentions raised by the petitioner. He also referred to the grounds of appeal filed by the petitioner vide Annexure P-8 which would show that various issues have been raised including the issue of limitation, opportunity of hearing and the nature of land among others but none of the grounds or contentions have been considered by way of the impugned order passed by the Appellate Authority and therefore, the order is cryptic and unreasoned and is liable to be set aside.
3.
Ms. Neha Sonawane, learned DAG, Punjab has submitted that so far as the aforesaid factual position that no reasons have been assigned is concerned, she is not disputing the same.
4. After hearing the learned counsel for the parties and perusing the impugned orders passed by the Commissioner, Jalandhar Division, this Court is of the considered view that the impugned order passed by the Appellate Authority is liable to be set aside being absolutely unreasoned and cryptic order wherein strangely not even a single reason has been assigned by the Appellate Authority but it was only a reference to the order passed by the Collector.
5. In view of the above, the present petition is allowed. The impugned order dated 11.12.2024 (Annexure P-7) passed by the Appellate Authority is hereby set aside. The matter is remanded back to the Appellate Bhumika Bhati 2025.08.13 16:50 I attest to the accuracy and integrity of this document chandigarh
CWP-16022-2025 (O&M) -3- Authority to pass a fresh order which must be a speaking order and backed by reasons after giving due opportunity of hearing to the petitioner or his counsel and the same should be in conformity with law. The fresh order be passed within a period of three months from today. 08.08.2025
(JASGURPREET SINGH PURI) Bhumika
JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No Bhumika Bhati 2025.08.13 16:50 I attest to the accuracy and integrity of this document chandigarh