AMAR NATH Vs. ASSTT COLLECTOR 1ST GRADE

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Aggrieved by the order of the Assistant Collector 1st Grade, Ambala, passed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, the petitioners herein filed an appeal before respondent No. 2, who, vide his order, Annexure P -9, dismissed the same solely on the ground that appeal was not maintainable in the absence of deposit of the amount of penalty. The learned counsel for the petitioners has relied upon a Full Bench Judgment of this Court in Jai Singh v. State of Haryana, 1995 1 PLR 614 (FB) wherein it was held:

(2.) IN view of the Full Bench Judgment, the respondent No. 2 was not justified in dismissing the appeal only on the ground of non -deposit of the amount of penalty. The order of respondent No. 2, Annexure P -9, is accordingly set aside and the case remanded back to him with the direction that he shall hear the parties afresh and decide the appeal on merits in accordance with the provisions of law. The learned counsel appearing for the parties are directed to appear or cause the appearance of their clients before respondent No. 2 on 28th July, 1995.