IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.12129 of 2010 Date of decision: 12.8.2010 Shivam Roller Flour Mills (P) Ltd. -----Petitioner. Vs. The State of Punjab & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Sandeep Goyal, Advocate for the petitioner. Mr. Kewal Singh, Advocate for respondents No.2 and 3. --- ADARSH KUMAR GOEL, J. 1. This petition seeks quashing of order of the appellate authority under the provisions of the Punjab Agricultural Produce Markets Act, 1961 (for short, “the Act”), dismissing the appeal of the petitioner as barred by limitation. 2. Case of the petitioner is that it is a licenced dealer under the provisions of the Act and was assessed to market fee vide order dated 31.7.2006. Since recovery proceedings were initiated without serving a copy of the assessment order, the petitioner applied for copy of the order of assessment on 8.8.2006, which was made available to the petitioner on 9.7.2009. The petitioner preferred appeal on 27.7.2009, which was CWP No.12129 of 2010 dismissed on the ground that it was beyond 60 days, without dealing with the averments made in the application for condonation of delay Annexure P-6, specifically making out a case for condonation of delay. 3. We have heard learned counsel for the parties and perused the record. 4. A perusal of order, Annexure P-7, shows that grounds for condonation put forward by the petitioner in the application, Annexure P-6, have not been adverted. 5. Having regard to averments made in the application, Annexure P-6, particularly with regard to delay in supplying copy of order of assessment, we are of the view that the appellate authority ought to have condoned the delay and heard the appeal on merits. 6. Accordingly, we allow this petition and quash Annexure P-7 and direct the appellate authority to take a fresh decision in the matter on merits in accordance with, after hearing the petitioner. 7. The petitioner may appear before the appellate authority for further proceedings on 20.11.2010. (ADARSH KUMAR GOEL) JUDGE August 12, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2