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2004 DIGILAW 616 (PNJ)

Jagjit Singh v. Mangal Sain

2004-05-25

GURBINDER CHAHAL

body2004
ORDER Gurbinder Chahal, FC. - This is stated to be an appeal under Rule 16(2) of Punjab Document Writers Licensing Rules, 1961, against the order dated 27.2.2004 of the Commissioner (Appeals), Patiala Division, Patiala. 2. The brief facts of this case, are, that Licence No. 52/1989 of Mangal Sain, deed Writer, Sub Tehsil Complex, Morinda, was not renewed after 31.12.1999 due to some complaints against him. The petitioner was the complainant. The enquiry was conducted against Mangal Sain, now respondent No. 1, by the Additional Deputy Commissioner (Development), Patiala, who proved the charges. Consequently, the Deputy Commissioner-cum-Registrar, Ropar, vide his order dated 7.7.2003, issued on 25.7.2003 cancelled the licence of Mangal Sain, respondent No. 1. Aggrieved, Mangal Sain, preferred appeal before Commissioner (Appeal), Patiala Division, Patiala. The Commissioner (Appeals) accepted the appeal vide his orders dated 27.2.2004 and set aide the orders of the Deputy Commissioner-cum-Registrar, Ropar. Against this order the complainant, Jagjit Singh (the present petitioner) has filed the appeal. 3. The learned counsel for petitioner has been heard. After careful consideration of the facts and circumstances of the case, I am of the view that the present petition is not maintainable and deserves to be dismissed. The provision of appeal has been given in Rule 16 of the Act ibid the same is reproduced below: "Section 16 : Authority to hear appeal, manner of presentation of appeals and period of limitation: (i) Any person aggrieved by an order of the licensing authority or the Inspector General of Registration passed under these rules, may, within a period of sixty days of the orders, prefer an appeal to the Commissioner of the Division in which such person is practising. (ii) A second appeal from the order for the Commissioner of the Division shall be to the Financial Commissioner within a period of 90 days of the order of the Commissioner." 4. As per these Rules 1st and 2nd appeal can be filed by the document writer only and the petitioner has no right to file appeal. Hence the appeal is not maintainable and the same is hereby dismissed in limine. Announced. Appeal dismissed.