HARJINDER KAUR ALIAS RAJINDER KAUR AND ANOTHER vs APPELLATE TRIBUNAL CUM DISTRICT MAGISTRATE LUDHAIAN AND OTHERS

CWP-20769-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 103 CWP-20769-2026 DATE OF DECISION: 13.07.2026 HARJINDER KAUR ALIAS RAJINDER KAUR AND ANOTHER … Petitioner (s) Versus APPELLATE TRIBUNAL CUM DISTRICT MAGISTRATE LUDHIANA AND OTHERS ... Respondent(s) CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. R.S. Dadwal, Advocate for the petitioners. KIRTI SINGH, J. (ORAL) 1) The present writ petition has been filed under Articles 226/227 of the Constitution of India for quashing of the order 15.4.2026 (Annexure P-9) passed by the learned Appellate Tribunal-cum-District Magistrate, Ludhiana, whereby the appeal filed by respondent No.3 accepted and order passed by the learned Tribunal-cum-Sub Divisional Magistrate, Jagraon dated 31.05.2023 (Annexure P-2) has been set aside and the matter was remanded back to the Tribunal–cum-Sub Divisional Magistrate, Jagraon for fresh adjudication. 2) At the outset, learned counsel for the petitioners has argued that the concept of remanding the case by the Appellate Authority back to the Tribunal to pass a fresh order is ex facie illegal, arbitrary and without jurisdiction, inasmuch as sub-Section (4) of Section 16 of the Maintenanc