BUTA SINGH Vs. NARATA SINGH

JUDGEMENT

(1.) PETITIONER , Buta Singh was appointed as Lambardar of village Palheri, Tehsil Kharar, District Ropar vide order dated 4.6.1997. Appeal preferred by the present respondent, Narata Singh was dismissed by the Commissioner, Patiala Division. In this appellate proceeding the petitioner Buta Singh was proceeded ex parte. After dismissing Narata Singh's appeal, Commissioner entertained his review application without serving a fresh notice to the petitioner Buta Singh who was then respondent before him. Commissioner accepted the review application vide his order dated 27.3.2001 and reversed his previous order dated 14.11.2000. Against this reviewed order the present petitioner preferred revision petition in this Court which was dismissed by my predecessor on 18.9.2003 due to non-appearance of the petitioner. My predecessor dismissed his revision petition by making an observation that his default in appearance showed his indifference and lack of respect for the court. The petitioner then filed a review application which is being decided by this order. The petitioner's counsel has advanced following arguments :-

(2.) I admitted the review application of the petitioner by passing a detailed order dated 3.10.2005. Both the parties were accordingly heard. After hearing both the parties I conclude as under :-

(3.) IN view of the above I recall the earlier order dated 18.9.2003 of this court and uphold the District Collector's order by setting aside the Commissioner's impugned order. Announced. Petition allowed.