Punjab-Haryana High Court
Kulbir Singh vs Financial Commissioner Pb. And Ors on 21 September, 2015
Author: Paramjeet Singh
Bench: Paramjeet Singh
-1-
CWP No.14175 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.14175 of 2014
Date of decision: 21.09.2015
Kulbir Singh
....Petitioner
Versus
Financial Commissioner (Appeals), Punjab and others
....Respondents
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. Deepak Verma, Advocate, for the petitioner.
Mr. S.S. Chandumajra, Addl. A.G., Punjab.
Mr. Deepak Arora, Advocate, for respondents No.5 and 6.
*****
PARAMJEET SINGH, J. (ORAL)
Instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 05.09.2013 (Annexure P-6) passed by Financial Commissioner, Punjab.
Brief facts of the case are that petitioner filed an application for ejectment of respondents No.5 and 6 from the land situated in Village Kotli Surat Malhi, Tehsil Dera Baba Nanak, District Gurdapur. Assistant Collector Ist Grade rejected the application vide order dated 03.05.2006 (Annexure P-1) holding that there is no relationship of RAVINDER SINGH 2015.09.23 10:58 I attest to the accuracy and authenticity of this document -2- CWP No.14175 of 2014 landlord and tenant between the parties. Aggrieved against the order of the Assistant Collector Ist Grade, petitioner filed appeal before the Collector, Gurdapur, which was dismissed vide order dated 31.10.2006 (Annexure P-2). Petitioner further preferred revision petition before the Commissioner, Jalandhar Division, Jalandhar, which was allowed vide order dated 30.01.2009 (Annexure P-4) on the ground that relationship of landlord and tenant between the parties has not been thrashed out and decided as per law and remanded the case to Assistant Collector Ist Grade. Aggrieved against the order of the Commissioner, respondents No.5 and 6 preferred revision petition before the Financial Commissioner, which has been allowed vide order dated 05.09.2013 (Annexure P-6) on the ground that no jamabandi has been placed on record showing the relationship of landlord and tenant between the parties and the contention of the petitioner (herein) that jamabandi for the whole village was not prepared by the revenue authorities, was not accepted. Hence, this writ petition.
I have heard learned counsel for the parties and perused the record.
In pursuance of notice of motion, affidavit dated 04.08.2015 has been filed by Dr. Abhinav Trikha, IAS, Deputy Commissioner, Gurdaspur, stating as under: -
"That the Consolidation Officer vide its letter No.408/Reader, dated 31/7/2015 has informed that as per the report of Tehsildar, Dera Baba Nanak, the pages from 1 to 10 of the RAVINDER SINGH 2015.09.23 10:58 I attest to the accuracy and authenticity of this document -3- CWP No.14175 of 2014 khatoni paimash in the record of chakbandi are not attached. So the work is started from Khata No.11/12 to 31/32 to prepare the khewats. There are lot of problems in preparing the jamabandi of village Kotli Surat Malhi, like the basic record Khatoni Paimaish and mutations are in Urdu. There are total 580 Khewats entered in Khatoni paimaish. This record is old and in very bad condition. The pages of Khatoni paimaish are also missing. A duplicate copy of this is being prepared. There are approximately 3619 mutations entered with red ink in Khatoni paimaish and total number of owners of land are approximately 1500. Copies of parat sarkar and parat patwars of 100 mutations of this jamabandi are not available in the halka Patwari's record and also parat sarkar of 600 mutations are missing which needs to be prepared. The accounts of some of the owners of land are lengthy which require long time to prepare them. The Consolidation Officer has requested for a time period of 1 year for the preparation of Jamabandi of the said village."
In the affidavit it has been specifically mentioned that no record of the village is available as such question of preparation of fresh jamabandi does not arise.
In view of this, impugned order is set aside. Case is remanded to the Financial Commissioner. Financial Commissioner shall pass fresh order keeping in view the affidavit dated 04.08.2015. Petitioner will be at liberty to produce the certified copy of the affidavit before the Financial Commissioner to substantiate his contentions. Financial Commissioner will also look into other documents, including khasra girdawri and civil Court decrees etc. Parties through their counsel are RAVINDER SINGH 2015.09.23 10:58 I attest to the accuracy and authenticity of this document -4- CWP No.14175 of 2014 directed to appear before the Financial Commissioner on 20.10.2015.
Disposed of.
(Paramjeet Singh)
September 21, 2015 Judge
R.S.
RAVINDER SINGH
2015.09.23 10:58
I attest to the accuracy and
authenticity of this document