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2025 DAILYLAW 71601 (PNJ)

PARAMJIT SINGH v. FINANCIAL COMMISSIONER PUNJAB AND OTHERS

CWP/17954/2025 · 2025-08-08

Jasgurpreet Singh Puri

body2025

Judgment text

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CWP-17954-2025(O&M) -1- 201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17954-2025(O&M) Date of Decision: 08.08.2025 Paramjit Singh ....Petitioner(s) Versus Financial Commissioner Punjab and others .....Respondent(s) CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Bhaskar Kandhol, Advocate, for Mr. Sherry K. Singla, Advocate, for the petitioner. Ms. Neha Sonawane, DAG, Punjab. **** JASGURPREET SINGH PURI , J. (Oral) 1. The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned order dated 09.12.2024 (Annexure P-9) passed by respondent No.2 and order dated 19.02.2016 (Annexure P-4) passed by respondent No.3 whereby the petitioner has been ordered to pay a sum of Rs. 4,04,000/- towards the deficiency stamp duty and registration fee along with interest @ 12 % p.a. i.e. total amount of Rs. 6,22,160/- . 2. Learned counsel appearing on behalf of the petitioner submitted that the impugned order (Annexure P-9) is absolutely non-speaking, cryptic and not backed by any reason whatsoever and on this ground, the order passed by the Commissioner, Jalandhar Division, Jalandhar vide Annexure P-9 is liable to be set aside. RAKESH KUMAR 2025.08.12 16:00 I attest to the accuracy and authenticity of this order/judgment CWP-17954-2025(O&M) -2- 3. Ms. Neha Sonawane, DAG, Punjab has submitted that she has sought instructions in this regard and she does not dispute the fact that the order passed by the Commissioner, Jalandhar Division, Jalandhar vide Annexure P-9 is a non-speaking order as no reasons have been mentioned therein. 4. After hearing the learned counsels for the parties and in view of the aforesaid facts and circumstances and also after perusal of the impugned order (Annexure P-9), this Court is of the considered view that the impugned order passed by the Commissioner, Jalandhar Division, Jalandhar is an absolutely cryptic and non-speaking order and not even a single reason has been mentioned while deciding the appeal and therefore, it will be just and proper to set aside the aforesaid order. 5. Consequently, the present petition is allowed. The impugned order dated 09.12.2024 (Annexure P-9) is set aside and the matter is remanded back to the apepllate authority i.e. Commissioner, Jalandhar Division, Jalandhar to decide the appeal afresh by passing a speaking order backed by reasons and strictly in accordance with law after hearing the petitioner or his counsel, within a period of three months from today. 08.08.2025 (JASGURPREET SINGH PURI) rakesh JUDGE Whether speaking : Yes/No Whether reportable : Yes/No RAKESH KUMAR 2025.08.12 16:00 I attest to the accuracy and authenticity of this order/judgment