KALAWATI AND ANOTHER v. SUB DIVISIONAL OFFICER CIVIL BHIWNI CUM COLLECTOR BHIWANI AND OTHERS
CWP/19972/2026 · 2026-07-06
Pankaj Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28977 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28977 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-19972-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 185 CWP-19972-2026 Date of decision : 06.07.2026 Kalawati and another ...... Petitioners versus Sub Divisional Officer (Civil), Bhiwani-cum-Collector, Bhiwani (Haryana) and others ...... Respondents
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Rupinder Singh Ghanghas, Advocate for the petitioners. **** PANKAJ JAIN, J. (Oral)
1. Present writ petition is directed against the order dated 12.10.2023 whereby in the appeal filed by the private respondents against order dated 17.03.2023, the appellate authority set aside the
order, allowed the appeal and remanded the same to the Courts below with direction to conduct a spot inspection in the presence of both the parties and to decide the same afresh after giving them full opportunity to present their evidence.
2. As per the conceded position evident from the records, the matter was fixed for 17.03.2023. On the said date, Tehsildar adjourned the matter for further hearing to 28.04.2023. However, later on it was found that the matter already stood decided on the same day, i.e.
17.03.2023. It is in these circumstances that the impugned order dated 12.10.2023 was passed setting aside the order dated 17.03.2023.
DINESH KUMAR 2026.07.13 17:28 I attest to the accuracy and integrity of this document
CWP-19972-2026
3. The only plea raised by counsel for the petitioner is that the appeal was decided without there being any order on the application seeking condonation of delay.
4. Be that as it may, this Court finds that the Appellate Court rightly set aside the order dated 17.03.2023 which was evidently passed in violation of the principles of natural justice and does not behove the officer who was conducting quasi judicial proceedings.
5. In view of above, this Court finds no merit in the present writ petition and the same is ordered to be dismissed. However, copy of the order be brought to the notice of Chief Secretary, Haryana so that the conduct of concerned Tehsildar comes to the fore. The Chief Secretary shall seek comments from the Tehsildar within 30 days and proceed as per law, if so required.
6. Ordered accordingly.
(PANKAJ JAIN)
JUDGE 06.07.2026
Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2026.07.13 17:28 I attest to the accuracy and integrity of this document