Civil Writ Petition No. 12663 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12663 of 2006 Date of Order: 06.08.2010 Ravi Nandan and another ....Petitioner Versus Financial Commissioner and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Vikas Mehsempuri, Advocate for the petitioners. Mr. C.S.Brar, DAG, Punjab and Ms. Anu Pal, AAG, Punjab for respondents No.1 to 4 Mr. P.S.Dhaliwal, Advocate for respondent no.5 RAJIVE BHALLA, J (Oral). This order shall dispose of C.W.P.Nos. 6425, 12596 and 12663 of 2006 as they involve adjudication of identical points. For the sake of convenience, facts are being taken from CWP No.12663 of 2006. The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 13.09.2005, passed by the Financial Commissioner, Appeal-II, Punjab, Chandigarh. Counsel for the petitioners submits that their revision was dismissed on the ground that as a Sanad Takseem has been drawn up no appeal or revision lies before a revenue officer. It is submitted that Section 16 of the Punjab Land Revenue Act, 1887 empowers a Civil Writ Petition No. 12663 of 2006 -2- Financial Commissioner, to summon the record of any case or any order passed by a revenue officer and satisfy himself as to its correctness. It is further submitted that a Division Bench of this Court has held in Amar Khan and others v. State of Punjab and others, 2009(1) R.C.R.(Civil), 741, that the drawing up of a Sanad Takseem does not bar the Financial Commissioner from entertaining a revision and examining the correctness of partition proceedings. Counsel for the private respondent submits that though the Financial Commissioner is empowered to entertain a revision even after the Sanad Takseem has been drawn up, but as the petitioners have not pleaded or proved any error in partition proceedings, the present petition should be dismissed. I have heard counsel for the parties, perused the impugned order and have no hesitation in holding that the Financial Commissioner has erred in view of the judgment in Amar Khan's case(supra), dismissing the revision on the ground that a Sanad Takseem has been drawn up. As a consequence, the writ petitions are allowed, the order dated 13.09.2005 is set aside and the matter is remitted to the Financial Commissioner Appeal-II, Punjab, Chandiargh, to decide the revision afresh and in accordance with law, within three months from the receipt of a certified copy of this order. Parties are directed to appear before the Financial Commissioner Appeal-II, Punjab, Chandiargh, on 22.09.2010. August 06, 2010 (RAJIVE BHALLA) nt JUDGE