Civil Writ Petition No. 17842 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 17842 of 2007 Date of Order: 01.09.2010 Balkar Singh and another ....Petitioners Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. H.P.S.Bhinder,Advocate for the petitioners Mr. C.S.Brar, DAG, Punjab and Ms. Anu Pal, AAG, Punjab for the respondents RAJIVE BHALLA, J (Oral). Prayer in this petition is to set aside the orders dated 11.04.2002, 27.05.2004 and 06.03.2006, passed by the Collector, Agrarian, Abohar, the Commissioner, Ferozepur Division, Ferozepur and the Financial Commissioner, Appeals-I, Punjab, Chandigarh, respectively. The petitioners, purchased 126 bighas and 8 biswas of land belonging to the big land owner, vide registered sale deed dated 23.07.1957, but this land was declared surplus, along with other land belonging to the big landowner. The petitioners filed an application praying that in view of government instructions dated 06.03.1967 the land be exempted from the provisions of Punjab Security of Land Tenures Act, 1953. The Collector passed an order dated 16.04.1980 Civil Writ Petition No. 17842 of 2007 -2- exempting the land from utilisation. After a period of 22 years, the Collector Agrarian, Abohar, passed an order dated 11.04.2002, declaring that the order dated 16.04.1980 is a nullity as the instructions have been set aside by the High Court. The Collector ordered that possession of the land in dispute be taken from the petitioners. The petitioners filed an appeal, before the Commissioner, Ferozepur Division, Ferozepur, inter-alia, pleading that the Collector cannot review an order passed by his predecessor without the prior permission of his immediate superior officer, but the appeal was dismissed. The revision filed before the Financial Commissioner also met the same fate. Counsel for the petitioners submits that a revenue officer cannot review an order passed by his predecessor without obtaining the prior permission of his immediate superior. Section 24 of the Punjab Security of Land Tenures Act and Section 18 of the Punjab Land Reforms Act enable a revenue officer to review an order passed by his predecessors, in accordance with the power of review conferred by Section 82 of the Punjab Tenancy Act, 1887, but only after obtaining the prior permission of his immediate superior. As the Collector, has reviewed the order dated 16.04.1980 without obtaining the permission of the Commissioner, his immediate superior, the impugned order is a nullity. Counsel for the State of Punjab, admits that the Collector has not obtained the permission of the Commissioner but states that as instructions that led to be passing of the order dated 16.04.1980 have been held to be illegal, the order dated 16.04.1980 is a nullity Civil Writ Petition No. 17842 of 2007 -3- and, therefore, could be reviewed by the Collector. I have heard counsel for the parties and perused the impugned orders. A revenue officer draws his power to review an order passed by his predecessor, from Section 24 of the Punjab Security of Land Tenures Act and Section 18 of the Punjab Land Reforms Act, both read along with Section 82 of the Punjab Tenancy Act, 1887, which reads as follows:- 82. Review by Revenue-officer - (1) A Revenue- officer as such may either on his own motion or on the application of any party interested review and on so reviewing modify reverse or confirm any order passed by himself or by any of his predecessors in office. Provided as follows :- (a)when a Commissioner or Collector thinks it necessary to review any order which he has not himself passed and when a Revenue-officer of a class below that of Collector proposes to review any order whether passed by himself or by any of his predecessors in office, he shall first obtain the sanction of the Revenue-officer to whose control he is immediately subject; (b)no application for review of an order shall be entertained unless it is made within ninty days from the passing of the order or unless the applicant satisfies the Revenue-officer that he had Civil Writ Petition No. 17842 of 2007 -4- sufficient cause for not making the application within that period; (c)an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order; (d)an order against which an appeal has been preferred shall not be reviewed. (2) For the purposes of this section the Collector shall be deemed to be the successor in office of any Revenue officer of a lower class who has left the district or has ceased to exercise powers as a Revenue-officer and to whom there is no successor in office. Section 82(1) of the Punjab Tenancy Act, empowers a revenue officer to review an order passed by his predecessor but proviso (a) to Sub-section (1) of Section 82 requires the Collector or the Commissioner to obtain prior permission of his immediate superior, before proceeding to review an order, not passed by himself. The Collector admittedly reviewed the order dated 16.04.1980, without the prior permission of the Commissioner, Ferozepur Division, Ferozepur, his immediate superior. The order passed by the Collector is, therefore, void for want of sanction to review the order dated 16.4.1980. The Commissioner and the Financial Commissioner wrongly dismissed the appeal and the revision as they failed to discern the error of Civil Writ Petition No. 17842 of 2007 -5- jurisdiction committed by the Collector. In view of the above errors of jurisdiction, the writ petition is allowed, the impugned orders are set aside. The matter is, however, remitted to the Commissioner, Ferozepur Division, Ferozepur, to consider whether sanction to review the order dated 16.04.1980 should or should not be granted to the Collector Agrarian, Abohar. Parties are directed to appear before the Commissioner, Ferozepur Division, Ferozepur, on 25.10.2010, who shall consider and decide this matter, after affording an opportunity of hearing to the parties, within three months from receipt of the certified copy of this order. September 01, 2010 (RAJIVE BHALLA) nt JUDGE