IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 693 of 2009 Date of decision : May 20, 2009 Surinder Singh and others Petitioners Versus Commissioner, Ambala Division, Ambala Cantt. and others Respondents CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. P.S. Sikand, Advocate for the petitioners Mr. Narender Hooda, Advocate for respondent No. 3 A.N. JINDAL, J. (ORAL) The order dated 27.11.2008 has been assailed by the petitioner/respondent (herein referred as petitioner) vide which his evidence was closed by Collector, Naraingarh on the very first day when the case was fixed for evidence. Records perused. Zimni order dated 10.9.2008 reveals that the case was fixed for evidence of the applicant for 22.10.2008 and on that date the case was adjourned to 27.11.2008 for evidence of the petitioner/respondents before the lower Court. Case was adjourned for 14 times for the evidence of the respondent (before this Court) but surprisingly the Collector did not opt to provide even second opportunity to the petitioner to lead evidence, He was anxious rather over zealous to put stopper over the mouth of the petitioner which is against fundamental principles of Constitution and also against the principle of audi alteram partem. C.R. No. 693 of 2009 2 Thus while holding that the impugned order has resulted into flagrant miscarriage of justice, consequently can not be sustained, I accept this petition and set aside the impugned order and direct the Collector to provide opportunity to the petitioner to lead evidence regarding claim set up by him. However, the proceedings under the Public Premises Act, being summary in nature, the respondents would close their evidence within three months positively. Orders be given dasti as well. (A.N.JINDAL) 20.05.2009 JUDGE reena