Civil Revision No.2060 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2060 of 2002 Date of decision:5th August, 2009 Ranjit Singh and another ......Petitioners Versus State of Punjab and another ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Nitin Jain, Advocate for the petitioners. Mr. C.S.Brar, DAG,Punjab for the respondents. RAJIVE BHALLA, J. Prayer in this petition filed under Article 227 of the Constitution of India, is to set aside an order dated 20.11.2001, passed by the Collector, Sub Divisional officer, Samana, District Patiala, dismissing an application filed by the petitioners, praying for dismissal of the ejectment petition, filed by respondent No.1 under Sections 3, 4 and 5 of the Punjab Public Premises and Land(Eviction & Rent Recovery) Act, 1973(hereinafter referred to as the “Act”). The petitioners filed a suit to restrain respondent No.1 from forcibly dispossessing them. The suit was decreed on 25.10.1997, restraining respondent no. 1 from interfering with the petitioners' possession except in due course of law. Respondent no. 1 filed an application under Sections 3, 4 and 5 of the Punjab Public Premises and Land(Eviction & Rent Recovery) Act, 1973, which was eventually dismissed as withdrawn on 13.03.1995. Six years thereafter, respondent no. 1 filed another application before the Collector with a Civil Revision No.2060 of 2002 2 similar prayer for eviction of the petitioner. Upon receipt of a notice, the petitioners put in appearance and raised a preliminary objection that in view of the dismissal of an identical application, the present application should be dismissed as not maintainable. It appears that the petitioners prayed that the Collector should decide his preliminary objection, before proceeding any further. As a result, the Collector, Sub Division, Samana, vide order dated 20.11.2001, rejected the petitioners objection by passing the following orders:- “Today the case file was presented in the presence of the counsel for the petitioner and authorized person. The file was perused and the parties were heard. After hearing the parties and after going through carefully, it was found that the application which was filed on 03.05.2000 is hereby dismissed. The case file be put up for consideration on 4.12.2001.” Counsel for the petitioner submits that as the earlier application was dismissed as withdrawn, a second application on the same cause of action is barred and respondent no. 1, has no right to file and the Collector no jurisdiction to entertain a second application. It is further submitted that the impugned order is non speaking as no reason whatsoever, has been assigned for rejecting the objection. Counsel for the State of Punjab, on the other hand submits that the plea of estoppel or res-judicate does not arise as unauthorized occupation, is a continuing wrong. The mere dismissal of an application as withdrawn would not operate as res-judicata and therefore, the Collector rightly rejected the petitioners objection. Civil Revision No.2060 of 2002 3 I have heard counsel for the parties and perused the impugned order. The Collector, should not have decided the preliminary objection, while deciding the petition on merits. Preliminary objections, unlike preliminary issues are to be decided with the main case. As regards the order dated 20.11.2001, the less said the better as it is brefet of any process of reasoning, much less any reasons and is therefore devoid of the fundamental attributes of a quasi-judicial order. . In view of what has been stated hereinabove, and without expressing any opinion as to the merits of the respective submissions, the order dated 20.11.2001, is set aside and the matter is remitted to the Collector, Samana, for deciding the petitioners objection afresh in accordance with law along with the main petition, filed under the Punjab Public Premises and Land(Eviction & Rent Recovery) Act. Parties are directed to appear before the Collector, Samana on 1.09.2009, who shall decide the petition within six months from 1-9-2009. [RAJIVE BHALLA] JUDGE 5th August, 2009 SKaushik