CWP No.19312 of 2004 1
IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.
CWP No. 19312 of 2004
Date of decision: 9.12.2008
Jasvir Inder Singh and another
....Petitioners.
vs.
Financial Commissioner,Appeals-II , and others.
..Respondents
CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR.
HON'BLE MS.JUSTICE NIRMALJIT KAUR.
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Present: Mr.A.K.Chopra, Senior Advocate, with
Mr.Harminder Singh, Advocate, for the petitioner.
Ms.Reeta Kohli, Addl.A.G.Punjab, for respondent
Nos. 1 to 4.
Mr.Ashok Verma, Advocate, for respondent No.5.
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J.S.KHEHAR,J. (Oral)
The petitioner preferred an appeal under section 13 of the
Punjab Land Revenue Act, 1887, against the order passed by the S.D.M-
cum-Collector, Malout, dated 26.11.1993, whereby the Collector Malout,
had accepted the appeal preferred by respondent Nos. 5 to 8 against the
order dated 14.11.1992 passed by Assistant Collector 2nd Grade, Lambi, in a
matter pertaining to the correction of entries in the khasra girdawaris. The
aforesaid appeal was dismissed by the Commissioner, Ferozepur Division,
Ferozepur, by his order dated 14.6.2001.
The petitioners were dissatisfied with the order dated
14.6.2001. They accordingly filed a review application before the
CWP No.19312 of 2004 2
Commissioner, Ferozepur Division, Ferozepur. The aforesaid review
application was dismissed by the Commissioner, Ferozepur Division,
Ferozepur by an order dated 25.3.2003
The petitioners then impugned the two orders passed by the
Commissioner, Ferozepur Division, Ferozepur, dated 14.6.2001 (Annexure
P1) and 25.3.2003 (Annexure P8) by preferring a revision petition. The
aforesaid revision petition was dismissed by an order dated 26.7.2004
(Annexure P10) by the Financial Commissioner, Appeals-II. It is this order,
which is subject matter of challenge at the hands of the petitioners through
the instant writ petition.
The Financial Commissioner Appeals-II, Punjab, vide the
impugned order dated 26.7.2004 (Annexure P10) declined the claim of the
petitioners on the basis of section 15(3) of the Punjab Land Revenue Act,
1887. Section 15(3) of the Punjab Land Revenue Act,1887, which is
relevant for the present controversy, is being extracted hereunder:-
“15. Review by Revenue-officers;- (1) xxx xxx
(2) xxx xxx xxx
(3) An appeal shall not lie from an order refusing to review or
confirming on review a previous order”.
Based on the aforesaid provision, it was concluded by the Financial
Commissioner Appeals-II, Punjab, that any challenge was not competent
against the order dated 25.3.2003 (Annexure P8). While disposing of the
revision, the Financial Commissioner Appeals-II Punjab, however, did not
record any finding on the challenge raised by the petitioner to the order
dated 14.6.2001(Annexure P1), passed by the Commissioner, Ferozepur
Division, Ferozepur. It is inter alia this claim of the petitioners that is being
CWP No.19312 of 2004 3
sought to be projected through the instant writ petition. In this behalf, it is
the contention of the learned counsel for the petitioners that the order dated
14.6.2001 was revisable under section 16 of the Punjab Land Revenue Act,
1887. Section 16 aforesaid is being extracted hereunder:-
“16. Power to call for, examine and revise proceedings of
Revenue-officers.–(1) The Financial Commissioner may at
any time call for the record of any case pending before, or
disposed of by, any Revenue-officer subordinate to him.
(2) A Commissioner or Collector may call for the
record of any case pending before, or disposed of by, any
Revenue-officer under his control.
(3) If in any case in which a Collector has called for a
record and he is of the opinion that the proceedings taken or
order made should be modified or reversed, he shall report the
case with his opinion thereon for the orders of the
Commissioner whose decision shall be final.
(4) The Financial Commissioner or Commissioner may in
any case called for by himself under sub section (1) or under
sub section (2), as the case may be, pass such orders as he
thinks fit.
Provided that he shall not under this section pass an
order reversing or modifying any proceeding or order of a
subordinate revenue-officer and affecting any question of right
between private persons without giving those persons an
opportunity of being heard.
Provided further that the cases reported to the Financial
Commissioner under sub-section (3) as it existed prior to the
commencement of the Punjab Land Revenue (Amendment)
Act, 1998, shall be decided by him as heretobefore”.
Having considered the totality of the facts and circumstances of
this case, we are satisfied that the impugned order dated 26.7.2004
(Annexure P10) may have been justified, insofar as, the challenge raised by
CWP No.19312 of 2004 4
the petitioners to the impugned order dated 25.3.2003 (Annexure P8) is
concerned, the same is however, not tenable, for the impugned order dated
14.6.2001 (Annexure P6). As against the order dated 14.6.2001 (Annexure
P6) a revision was competent under the mandate of section 16, extracted
hereinabove, and the same ought to have been adjudicated upon, on merits.
But that was not done.
In view of the above, the impugned order dated 26.7.2004
(Annexure P10) is hereby set aside. The matter is remanded back to the
Financial Commissioner Appeals-II,Punjab, for re-adjudication on merits,
so far as the challenge raised by the petitioners to the impugned order dated
14.6.2001 (Annexure P6) is concerned. The parties are directed to appear
before the Financial Commissioner Appeals-II Punjab, on 19.1.2009.
Disposed of accordingly.
Order Dasti on payment of usual Charges.
( J.S.Khehar)
Judge
(Nirmaljit Kaur)
Judge
December 9, 2008
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