IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1829 of 2009 Date of decision : May 21, 2009 Rakesh Kumar and others Petitioners Versus Bal Kishan Respondent CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. S.S. Dinarpur, Advocate for the petitioners Mr. Anil Kheterpal, Advocate for the respondent This revision petition is against the order dated 14.3.2003 passed by Civil Judge (SD) Jagadhri whereby the Court while discarding the report of Mohammad Ali Kanango appointed Halqua Kanugo as Local Commissioner. It is surprising that in the instant case the Court vide order dated 2.5.2003 had appointed Mr. Virender Pal Singh, Advocate as Local Commissioner to demarcate the area and he submitted his report on 14.5.2003. However, the Court without calling for the objections or ignoring the aforesaid report dated 14.5.2003 proceeded to appoint another Local Commissioner i.e. Mohammad Ali Kanungo and thereafter Halqua Kanungo to visit the spot and demarcate the land in dispute in order to ascertain whether space was left by the defendant out of his own land while planting the trees. This procedure with regard to appointment of Local Commissioner without condemning the earlier report is unknown to law. The officer appears to have not examined the file and made no C.R. No. 1829 of 2009 2 efforts to see that there is already a report of Local Commissioner, as such, while exercising powers under Section 227 of the Constitution of India and holding that impugned order appears to have been passed without application of mind, therefore, it has resulted into miscarriage of justice, I accept the revision petition, set aside the impugned order and direct the Court to proceed in accordance with law. (A.N.JINDAL) 21.05.2009 JUDGE reena