- (1.) ADMIT. Pleadings of the parties are complete. By consent, writ petition placed on board and called out for hearing.
(2.) THE Chief Administrator, before whom the appeal, Annexure P/4 was filed disposed of the same by order dated November 25,1994, Annexure P/5 stating, "since you have not deposited the due amount of market fee, therefore, the appeal is not maintainable under Rule 31 (13) of the P. A. P. M. (General) Rules, 1962. " It is against this order, Annexure P/5 that the petitioner has filed this writ petition.
(3.) THE learned counsel for the petitioner drew our attention to the communication dated September 14, 1994, Annexure P/l, addressed by the Executive Officer-cum-Market Committee, Mullana (Ambala) to M/s. Markanda Metal Pvt. Ltd. (India), the petitioner. In this communication, it is stated,vide this notice you are informed that 'forms LL' which were by you late with this office and a sum of Rs. 98,399. 64 stands against you. " The petitioner was directed to deposit the said amount. Without going into the rival contentions on the facts and circumstances of this case. We set aside the impugned order, Annexure P/5, and remit the matter to the Chief Administrator with the direction to entertain the appeal, Annexure P/4, without insisting upon the deposit of amount and to consider the fact of late filing of the forms LL on merits. The Chief Administrator will hear the parties and will dispose of the appeal, Annexure P/4, on merits. The petitioner agrees to appear before the Chief Administrator on April 17,1995, for hearing and disposal of the appeal.;