IN THE HIGH COURT FOR THE STATES OF PUNJUAB AND HARYANA AT CHANDIGARH C.W.P. No.9203 of 2007 DATE OF ORDER:28.1.2008 Prem Nath ....Petitioner Versus State of Punjab and another ....Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Deepak Arora, Advocate for the petitioner. Ms. Charu Tuli, Sr. D.A.G. Punjab. M.M. KUMAR,J. The instant petition is directed against order dated 5.2.2007 (Annexure P-1) dismissing the ROR No.144 of 2005 for non prosecution and order dated 16.4.2007 (Annexure P-4) dismissing the application for recalling order dated 5.2.2007. The petitioner is a deed writer by profession and practicing in District Court, Gurdaspur since 1993. His licence of deed writing was cancelled vide order dated 10.9.2003. He preferred an appeal before the learned Commissioner, Jalandhar Division, Jalandhar, which has also been dismissed on 17.8.2004. It was against the aforementioned order that he has invoked the revisional jurisdiction by filing ROR No.144 of 2005 which has been dismissed for non prosecution vide order dated 5.2.2007 even the application for restoration has also been dismissed vide order dated 16.4.2007 by Financial Commissioner, Revenue, Chandigarh. The stand taken in the written statement is that on earlier three C.W.P. No.9203 of 2007 -2- occasions, learned counsel for the petitioner was not present and the excuse of the counsel that he was not well is unfounded. Having heard learned counsel for the parties, we are of the considered view that the application filed by the petitioner should have been considered more carefully because the counsel has requested for recalling the order dated 5.2.2007 explaining his disappearance on the ground of his illness. Accordingly, Financial Commissioner Revenue should not have rejected the aforementioned arguments by treating it as not 'genuine'. The request on the ground of his illness should not have been declined. In view of the above, orders dated 5.2.2007 and 16.4.2007 are set aside. The ROR No.144 is restored on the file of the learned Financial Commissioner and the same shall be decided on merits in accordance with law. The parties through counsel are directed to appear before the learned Financial Commissioner, Revenue on 12.2.2008. (M.M. KUMAR ) JUDGE ( T.P.S. MANN ) JUDGE 28.1.2008 rajeev