CWP No.5812 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5812 of 2009 Date of Decision: 16.08.2010 **** Punjab State Electricity Board . . . . Petitioner VS. Kulbir Singh & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Sukhbir Singh, Advocate for the petitioner Mr. Amit Mehra, Advocate for respondent No.1 ***** SURYA KANT J. (ORAL) (1). The petitioner-Board seeks quashing of the order dated 20.12.2008 (Annexure P7) passed by the Sub Divisional Magistrate (Civil) -cum- Appellate Authority, Batala, whereby, the appeal preferred by respondent No.1 against the provisional assessment order, has been accepted. (2). During the course of hearing, learned counsel for the first respondent fairly states that let the appeal be decided afresh by the Appellate Authority after taking into consideration the alleged checking report (Annexure P1) relied upon by the petitioner-Board. CWP No.5812 of 2009.doc - 2 – (3). In this view of the matter, the writ petition is allowed; the impugned order dated 20.12.2008 (Annexure P7) is hereby set aside and the matter is remitted with a direction to the Sub Divisional Magistrate (Civil) -cum- Appellate Authority, Batala to decide the petitioner’s appeal afresh in accordance with law and after affording an opportunity of hearing to the parties, preferably within four months from the date of receipt of a certified copy of this order. (4). Ordered accordingly. (5). Dasti . (SURYA KANT) JUDGE 16.08.2010 vishal shonkar