In the High Court of Punjab and Haryana at Chandigarh ...... C.W.P. No.13646 of 2009 ..... Date of decision:2.9.2009 Gurbax Singh .....Petitioner v. Financial Commissioner, Appeals-I, Punjab and others .....Respondents .... Present: Mr. Tajinder Pal Singh Makkar, Advocate for the petitioner. ..... S.S. Saron, J.
Maan Singh (respondent No.3) along with others filed an
application (Annexure-P.2) for correcting Khasra Girdawri of land
measuring 23 Kanals 7 Marlas as detailed in the head note of the said
application for the crop Kharif 2007 till date of the said application.
Learned counsel for the petitioner contends that in fact the
Financial Commissioner vide order dated 9.1.2006 (Annexure-P.1) had
sanctioned Khasra Girdawri of this very land measuring 23 Kanals 7 Marlas
in favour of the petitioner. Therefore, it is submitted that the application
dated 6.7.2009 (Annexure-P.3) filed by the petitioner wherein the order
dated 9.1.2006 (Annexure-P.1) has also been attached, was liable to be
decided by the Assistant Collector 2nd Grade, Zira in terms of the order
dated 9.1.2006 (Annexure-P.1).
After giving my thoughtful consideration to the matter, it may
be noticed that the primary grievance of the petitioner is that the Assistant
Collector 2nd Grade, Zira is not deciding the application dated 6.7.2009
C.W.P. No.13646 of 2009
(Annexure-P.3) filed by the petitioner. It may be noticed that the
application has been filed only on 6.7.2009. In case there is inaction on the
part of the Assistant Collector 2nd Grade, the petitioner in the first instance
is liable to be approach the Assistant Collector Ist Grade or the District
Collector. Invoking the jurisdiction of this Court under Articles 226/227 of
the Constitution of India without exhausting the other remedies that are
available would not warrant interference by this Court. The writ petition is
Accordingly, the writ petition is dismissed being premature.
September 2, 2009. (S.S. Saron)
NOTE: Whether to be referred to the Reporter or not:Yes/No