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Punjab-Haryana High Court

Lakhwinder Singh And Anr vs Commissioner Patiala Division on 10 August, 2015

Author: Paramjeet Singh

Bench: Paramjeet Singh

                                                                                                     -1-
                 CWP No.7358-2012


                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                         CHANDIGARH

                                                           CWP No.7358-2012
                                                           Date of Decision: 10.08.2015


                 Lakhwinder Singh and another
                                                                                       ... Petitioner(s)

                                                          Versus


                 Commissioner, Patiala Division, Patiala and others

                                                                                     ... Respondent(s)

                 CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

                                1) Whether Reporters of the local papers may be allowed to see the
                                   judgment ?.
                                2) To be referred to the Reporters or not ?.
                                3) Whether the judgment should be reported in the Digest ?

                 Present: Mr. S.S.Salar, Advocate,
                          for the petitioners.

                                Mr. Suresh Singla, Addl. A. G. Punjab.

                                Mr. Surinder Gandhi, Advocate,
                                for respondent No.3.

                 Paramjeet Singh, J. (Oral)

Petitioners are only aggrieved by the order dated 29.11.2011 (Annexure P-18) passed by respondent No.1-Commissioner, Patiala Division, Patiala whereby revision filed by the petitioners against the orders dated 19.05.2009 (Annexure P-7) and 08.10.2009 (Annexure P-

11) passed by A.C-Ist Grade, Patran and Collector, Sub Division, Patran, respectively, has been dismissed.

I have heard learned counsel for the parties and perused the PARVEEN KUMAR 2015.08.11 16:26 I attest to the accuracy and authenticity of this document -2- CWP No.7358-2012 record.

The powers of Financial Commissioner to hear the revision petition under Section 16 of the Punjab Land Revenue Act were withdrawn on 26.04.2011. Therefore, the petitioners approached this Court impugning the order dated 29.11.2011 (Annexure P-18) passed by the Commissioner, Patiala Division, Patiala. Thereafter, the State of Punjab issued notification dated 28.01.2013 restoring powers of the Financial Commissioner to entertain revision petition against the order of the Divisional Commissioner.

In view of the above, instant petition is disposed of with a direction to the petitioners to approach Financial Commissioner, Punjab and file revision petition within one month challenging the impugned order dated 29.11.2011 (Annexure P-18) passed by respondent No.1- Commissioner, Patiala Division, Patiala. On doing so by the petitioners within the aforesaid stipulated period, the Financial Commissioner, Punjab shall decide the matter on merit after giving opportunity of hearing to the parties and without going into the issue of limitation. However, if revision is not filed within the stipulated period of one month, then the issue of limitation will be considered in accordance with law.




                 10.08.2015                                              (Paramjeet Singh)
                 parveen kumar                                                Judge




PARVEEN KUMAR
2015.08.11 16:26
I attest to the accuracy and
authenticity of this document