Civil Writ Petition No. 17462 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 17462 of 2006 Date of Order: 04.08.2010 Rajpal & others ....Petitioners Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ramesh Sharma,Advocate for the petitioners. Mr. D.Khanna, Adl. A.G.,Haryana for respondents No.1 to 5 RAJIVE BHALLA, J (Oral). Prayer in this petition is to set aside the order dated 17.02.2006, passed by a Division Bench of Financial Commissioners, dismissing the revision filed by the petitioners. Counsel for the petitioners submits that the revision filed by the petitioners has been dismissed primarily, on the ground of inordinate delay. The Financial Commissioners, however, failed to peruse the order dated 01.03.2004, passed by Smt. Promilla Issar, IAS, Haryana, condoning delay in the filing of the revision, while issuing notice. The Financial Commissioners, have, therefore, committed an error of jurisdiction by disregarding this order. It is further submitted that the order dated 08.01.1962, passed by the Commissioner, Ambala Division, Ambala, excluding the land sold to vendees, is null and void as the petitioners' father was never granted Civil Writ Petition No. 17462 of 2006 -2- an opportunity of hearing. Counsel for the State of Haryana submits that the petitioners have no right to seek re-opening of surplus area proceedings that attained finality in the year 1962. The revision was, therefore, rightly dismissed. I have heard counsel for the parties and perused the impugned order. The petitioners filed ROR No.101 of 2003-04, Rajpal and others Vs. State of Haryana and others. The revision was placed before Smt. Promilla Issar, the then Financial Commissioner, Haryana, for preliminary hearing on 01.03.2004. The Financial Commissioner passed the following orders:- “Heard. Admitted. Call for the record and issue notice to the respondents. Delay condoned. Stay granted as per the request of the counsel for the petitioners. The case will now be heard on 10.05.2004 at 3.00 P.M.” The matter was thereafter taken up for regular hearing by a Division Bench of Financial Commissioners. The revision was dismissed primarily, on the ground of inordinate delay and unexplained laches of several decades. The conclusion though prima-facie correct has been recorded without considering the order dated 01.03.2004, passed by Ms. Promilla Issar, the then Financial Commissioner, Haryana, condoning the delay. It appears that this order was not brought to the notice of the Financial Commissioners, whether by the petitioners or the respondents. The order dated 01.03.2004 has, a material bearing on the revision and would, Civil Writ Petition No. 17462 of 2006 -3- therefore, require consideration by the Financial Commissioners. In view of what has been stated hereinabove, the writ petition is allowed, the order dated 17.02.2006 is set aside and the matter is remitted to the Financial Commissioners, to decide the revision afresh, after taking into consideration the order dated 01.03.2004. It is made clear that this order shall not be constructed to be an expression of opinion as to the merits of the petitioners case, or that the petitioners have a right to re-open surplus area proceedings. Parties are directed to appear before the Financial Commissioners on 07.10.2010. August 04, 2010 (RAJIVE BHALLA) nt JUDGE