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Judgment
KULDEEP TIWARI, J. (ORAL)
The instant writ petition constitutes the second round of litigation between the parties, whereby the petitioner has assailed the legality and validity of the notice dated 04.12.2017, the order dated 14.09.2022 passed by the learned Collector, as well as the order dated 16.01.2026 passed by the learned Commissioner.
It is apposite to record at the outset that the notice dated 04.12.2017 and the order dated 14.09.2022 passed by the learned Collector, along with the order dated 25.11.2024 passed by the learned Commissioner, were earlier challenged by the petitioner by way of CWP-14412-2025 before this Court. A Co-ordinate Bench of this Court, vide order dated 30.09.2025 passed in the said writ petition, remanded the matter to the learned Commissioner with a direction to pass a fresh order by fresh application of mind. The order of remand was necessitated on account of the fact that the order dated 25.11.2024 passed by the learned Commissioner was wholly non-speaking and, despite the issue of limitation having been noticed therein, no adjudication was made on the said aspect. The relevant paragraphs of the order dated 30.09.2025 are extracted hereunder:-
“4.After hearing the learned counsels for the parties and perusing the aforesaid impugned order dated 25.11.2024 (Annexure P-6) passed by the Commissioner, Jalandhar Division, Jalandhar, it is crystal clear that the order (Annexure P-6) is totally non-speaking, cryptic and not backed by any reasons. Not only this, even the issue of limitation was also noted by the Commissioner, Jalandhar Division, Jalandhar but was never considered.
5.Consequently, the present petition is partly allowed. The impugned order dated 25.11.2024 (Annexure P-6) passed by the Commissioner, Jalandhar Division, Jalandhar, is hereby set aside. The matter is remanded back to the Commissioner, Jalandhar Division, Jalandhar to pass a fresh order by fresh application of mind and uninfluenced by the earlier order passed vide Annexure P-6 as well as the present order passed by this Court. Needless to say, adequate opportunity of hearing shall be granted to the petitioner or his counsel and thereafter, a speaking order shall be passed. The entire exercise shall be completed within a period of four months from today.”
The learned Commissioner, while passing the fresh order dated 16.01.2026, has again dismissed the appeal preferred by the petitioner. However, despite the specific directions issued by this Court, although the plea of the petitioner with regard to limitation has been noticed in the fresh order too, the same has again neither been considered nor any finding returned thereon.
The aforesaid omission on the part of the learned Commissioner, despite the specific directions issued by this Court, constrained this Court to pass the order dated 22.07.2026, whereby the learned Commissioner was directed to remain personally present before this Court and explain the reasons for non-compliance with the directions contained in the order dated 30.09.2025.
Accordingly, Mr. Ramvir, IAS, Commissioner, Jalandhar Division, Jalandhar, is present before this Court today. He has also filed his affidavit dated 06.08.2026, which is taken on record. In the affidavit, it has been stated that the aforesaid omission occurred inadvertently and there was no intention whatsoever to disregard or disobey the directions issued by this Court.
In view of the above, the impugned order dated 16.01.2026 passed by the learned Commissioner is set aside. The matter is again remanded to the learned Commissioner for fresh consideration of the entire issue, in accordance with the directions contained in the order dated 30.09.2025 passed by this Court, and for passing a fresh order in accordance with law.
Disposed of accordingly.