Punjab-Haryana High Court
Santokh Singh vs Financial Commissioner on 12 March, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
CWP No. 13302 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 13302 of 2010
Date of Decision: March 12, 2012
Santokh Singh
... Petitioner
Versus
Financial Commissioner, Revenue, Punjab and others.
... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Mr. Rajesh Punj, Advocate,
for the petitioner.
Mr. N.S. Virk, Addl. A.G., Punjab,
for respondent Nos. 1 to 3.
Mr. G.S. Brar, Advocate,
for respondent No.4.
Paramjeet Singh, J.
The instant writ petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing of order dated 20.04.2010 (Annexure P/11) passed by respondent no.1
- Financial Commissioner, Revenue, Punjab, order dated 29.04.2008 (Annexure P/9) passed by respondent No.2 - Divisional Commissioner, Patiala Division, Patiala, order dated 08.11.2005 (Annexure P/6) passed by respondent no.3 - Collector, Ludhiana and order dated 17.04.2003 (Annexure P/4) passed by the Assistant Collector Ist Grade and a prayer has also been made that direction be issued to the respondents to execute order dated 22.04.2002 (Annexure P/3) and to evict respondent No.4 from the premises in CWP No. 13302 of 2010 2 question, owned by the petitioner as per the orders, within a stipulated period.
Brief facts of the case are that the petitioner filed a petition for ejectment of respondent No.4 to the extent of 103/879 share out of land measuring 44 kanals 9 marlas situated in the revenue limits of Village Machhian Khurd, Tehsil and District Ludhiana as mentioned in the application (Annexure P/2). Vide order dated 22.04.2002 (Annexure P/3), the Assistant Collector Ist Grade, Ludhiana (East) has ordered the ejectment of respondent No.4. Against that order, no appeal was filed. Thereafter, the petitioner filed an execution application. In the execution proceedings, the Assistant Collector Ist Grade did not execute the order (Annexure P/3) and dismissed the execution application vide order dated 17.04.2003 (Annexure P/4). Against the order (Annexure P/4), the petitioner preferred an appeal before the Collector and the same has also been dismissed by the Collector vide order dated 08.11.2005 (Annexure P/6). Thereafter, the petitioner filed a revision petition, that too has been dismissed by the Commissioner vide order dated 29.04.2008 (Annexure P/9) Thereafter, the petitioner filed a second revision, that has also been dismissed by the Financial Commissioner vide order dated 20.04.2010 (Annexure P/11). Hence, this writ petition.
I have heard learned counsel for the parties and perused the record.
Admittedly, the petitioner filed an eviction petition on the basis of the revenue record i.e. jamabandi for the year 1995-96. The eviction order has been passed by the Assistant Collector Ist Grade vide order dated 22.04.2002 (Annexure P/3). The said order has CWP No. 13302 of 2010 3 become final. For the execution of that order, application was moved by the petitioner before the Assistant Collector Ist Grade. The Assistant Collector First Grade has declined the execution application of the petitioner vide order dated 17.04.2003 (Annexure P/4) without any jurisdiction. It is settled principle of law that once the order has been passed for eviction, the same can be executed in accordance with law. Since, order (Annexure P/3) has become final and the revenue authorities are bound to execute the same, the order of the Assistant Collector Ist Grade declining execution of the order on the ground that the petitioner is not owner of the property in question, is without any basis. Hence, order dated 17.04.2003 (Annexure P/4) is set aside. Similarly, the orders of the Collector, the Commissioner and the Financial Commissioner are without jurisdiction. Against the ejectment order, the remedy available to respondent No.4 was to challenge the order of eviction before the Competent Authority in appeal and revision etc., he cannot raise objection in execution proceedigns.
For the aforementioned reasons, the instant writ petition is allowed and the impugned orders passed by the revenue authorities are set aside. The Assistant Collector First Grade, Ludhiana is directed to execute the order (Annexure P/3) in accordance with law.
No order as to costs.
March 12, 2012 ( Paramjeet Singh ) vkd Judge