IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.4507 of 2010 DATE OF DECISION : JANUARY 20, 2011 STATE OF PUNJAB ....... PETITIONER(S) VERSUS SUCHA SINGH & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Manoj Bajaj, Addl.AG, Punjab. Mr. Satnam Singh, Advocate, for the respondent No.1. AJAI LAMBA, J. (Oral) 1. This Civil Writ Petition challenges order dated 1.10.2009 (Annexure P-8), passed by the Deputy Commissioner, Patiala, exercising the powers of Commissioner, Patiala Division, Patiala, under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short 'the Act'). 2. Learned counsel for the petitioner contends that plausible grounds were given in the application for condonation of delay, however, none has been considered in the correct perspective. 3. Learned counsel for respondent No.1 contends that let the appeal be heard by the Commissioner on merits. It has been pleaded that Civil Writ Petition No.4507 of 2010 2 the provisions of the Act could not have been invoked. 4. In view of the above, the petition is allowed. Order dated 1.10.2009 (Annexure P-8) is hereby quashed. 5. The parties are directed to appear before the Commissioner on 23.2.2011. The appeal be decided on merits. Respondent No.1 would be at liberty to raise the issue of jurisdiction to entertain the proceedings under the Act which, I am sure, would be adjudicated. January 20, 2011 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?