STATE OF PUNJAB, ETC. Vs. MUNICIPAL COMMITTEE, ETC.

JUDGEMENT

(1.) THIS is a letters patent appeal filed by the State of Punjab against the judgment of a learned single Judge who while accepting Civil Writ No. 2217 of 1966 preferred by the Municipal Committee, Morinda, District Ambala, quashed an order of the State Government passed under Section 235 of the Punjab Municipal Act, 1911, hereinafter referred to as the Act.

(2.) FACTS are not in dispute and can be stated in a narrow compass.

(3.) THE learned Single Judge relying on two judgments of this Court, one in Hardyal Rai v. The State of Punjab and Ors. C.W. No. 1084 of 1962 decided on 26th August, 1964, and the other reported as Karnail Singh v. The State of Punjab and Ors., 1966 P.L.R. 890, held that it was not within the competence of the State Government to recall in the name of the President, after a lapse of about four years, the previous order passed under Section 235 of the Act.