IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11520 of 2008 Date of decision: 27th October, 2009 Piara Singh … Petitioner Versus Punjab Urban Planning & Development Authority and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Amit Sharma, Advocate for the petitioner. Mr. Naresh Parbhakar, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner has referred to order (Annexure P-12) passed by the Appellate Authority, which reveals that on 16th April, 2008, the appeal was dismissed in default on the ground that neither the appellant nor his representative was present. The order shows that the peon had called the case thrice but nobody appeared. Counsel for the petitioner submits that on the same day, Gurpreet Singh Gondara appeared on behalf of Kanwaljeet Singh Sidhu, who had filed the appeal, and made a prayer that case be adjourned as Kanwaljeet Singh Sidhu, Advocate for the appellant was suffering from serious injury and had been advised bed rest. Learned counsel submits that the application submitted was not accepted and case was dismissed in default. The facts and circumstances of the case show that a counsel had appeared on behalf of the counsel, who had filed the appeal and a request was made for adjournment. The totality of circumstances weigh in favour of the petitioner, therefore, the order (Annexure P-12) is set aside. Civil Writ Petition No.11520 of 2008 The appeal be heard and decided on merits after affording due opportunity of hearing to the petitioner and his counsel. Parties are directed to appear before the appellate authority on 17th November, 2009 at 10.00 a.m. The appeal shall be decided within three months on appearance of the parties. Counsel for the respondents submits that no application was filed. Be that as it may, larger interest requires that appeal should have been decided on merits. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE October 27, 2009 rps 2