- (1.) By way of this order, we shall dispose of twelve petitions, namely, CWP No.10984 of 2012 titled as 'Dharam Pal and others Vs. State of Haryana and others', CWP No.10995 of 2012 titled as 'Mange Ram Vs. State of Haryana and others', CWP No.11071 of 2012 titled as 'Duryodan @ Jodha Pahalwan and others Vs. State of Haryana and others', CWP No.11489 of 2012 titled as 'Ajit Singh and another Vs. State of Haryana and others', CWP No.11523 of 2012 titled as 'Daya Singh and others Vs. State of Haryana and others', CWP No.11083 of 2012 titled as 'Ranbir Vs. State of Haryana and others', CWP No.11092 of 2012 titled as 'Krishan and others Vs. State of Haryana and others', CWP No.11156 of 2012 titled as 'Om Parkash Vs. State of Haryana and others', CWP No.11492 of 2012 titled as 'Ramesh Vs. State of Haryana and others', CWP No.11514 of 2012 titled as 'Leela and others Vs. State of Haryana and others', CWP No.11687 of 2012 titled as 'Umed Vs. State of Haryana and others' and CWP No.11743 of 2012 titled as 'Attar Singh Vs. State of Haryana and others', as they involve adjudication of common questions of law and fact. The facts are being taken from CWP No.10984 of 2012.
(2.) The petitioners have approached this Court for issuance of writ of certiorari for quashing order dated 29.07.2011 (Annexure P-5) passed by the Commissioner, Jhajjar Division, Jhajjar and order dated 09.03.2010 (Annexure P-3) passed by the District Collector, Jhajjar.
(3.) Counsel for the petitioners submits that the appeal filed by the petitioners against order dated 05.08.2009 passed by the Assistant Collector Ist Grade, Jhajjar, has been dismissed by the Collector, Jhajjar, for failure to deposit the penalty assessed by the Assistant Collector Ist Grade, Jhajjar. A revision filed by the petitioners was also dismissed by the Commissioner. The question, whether an appeal can be dismissed for failure to deposit penalty, was considered by a Full Bench in Civil Writ Petition No.20161 of 2004 titled as 'Ranjit Singh Vs. State of Haryana and others' decided on 03.01.2011 and it was held that nondeposit of penalty would not entail dismissal of the appeal.;