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. --- 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. -- 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 rk