IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 21169 of 2008 Date of Decision: 24.12.2008 Amarjit Singh ....Petitioner Versus Commissioner, Jalandhar Division, Jalandhar & others ...Respondents CORAM : Hon'ble Mr. Justice J.S. Khehar. Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Satbir Rathore, Advocate for the petitioner. Mr. P.C. Goyal, Additional Advocate General, Punjab for respondents No.1 to 3. Mr. N.S. Sodhi, Advocate with Mr. Shivoy Dhir, Advocate for respondents No.5 and 6. J.S. KHEHAR, J. (ORAL) A perusal of the dasti notice issued to respondent No.4 reveals that respondent No.4 has been duly served. Respondent no.4 is neither present in the Court in person nor represented through counsel. Respondent no.4 is, accordingly, proceeded against ex-parte. Learned counsel for respondents No.1 to 3 acknowledges that the observations recorded by the Commissioner, Jalandhar Division, Jalandhar, while passing the order dated 05-08-2008 (Annexure P-12) to the effect that he did not have jurisdiction to adjudicate upon the CWP No. 21169 of 2008 -2- controversy, was misconceived and as such, he has no objection, if the order dated 05-08-2008 is set aside and the matter is remanded back to the Commissioner, Jalandhar Division, Jalandhar, requiring him to re-adjudicate the same on merits. Although, the submission made at the hands of learned counsel representing respondents No.1 to 3 is opposed by learned counsel representing respondents No.5 and 6, we are satisfied that the issue is purely legal in as much as the Commissioner, Jalandhar Division, Jalandhar was fully competent to dispose of the matter on merits, yet under some mistaken belief, he has chosen to hold that it is only this Court which is competent to decide the same on merits. As such, we are of the view that the ends of justice would be met if the impugned order dated 05-08-2008 passed by the Commissioner, Jalandhar Division, Jalandhar is set aside, and the matter is remanded back to the Commissioner, Jalandhar Division, Jalandhar, requiring him to adjudicate the same on merits after affording an opportunity of hearing to the rival parties. Accordingly, the impugned order dated 05-08-2008 (Annexure P-12) is, hereby, set aside and the matter is remanded back to the Commissioner, Jalandhar Division, Jalandhar. The rival parties are directed to appear before the Commissioner, Jalandhar Division, Jalandhar on 19-01-2009. Writ Petition stands disposed of in the aforesaid terms. (J.S. KHEHAR) JUDGE (NIRMALJIT KAUR) December 24, 2008 JUDGE gurpreet