CWP No.5012 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5012 of 2009 Date of decision: 21.07.2010 Sukhdev Singh and others ...... Petitioners VERSUS State of Punjab through Secretary to the Government of Punjab, Revenue Department, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Sarjit Singh, Senior Advocate with Mr.Jagdev Singh, Advocate for the petitioners. Mr.C.S.Brar, DAG, Punjab for respondents no.1 to 3. ***** RAJIVE BHALLA.J (Oral) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 31.03.2000, 19.02.2003 and 18.12.2008, passed by the Collector Agrarian, Sub-Diivision, Nabha, District Patiala, the Divisional Commissioner, Patiala Division, Patiala and the Financial Commissioner (Appeals-I), Punjab, Chandigarh, respectively. Counsel for the petitioners submits that the writ petition can be allowed on a preliminary point namely that though the petitioners specifically pleaded and argued before the Financial Commissioner, that on account of the demise of the big landowner on 07.05.2002, the surplus area has to be re-determined in the hands of his legal heirs, in accordance with law, laid down in Full Bench judgment of this Court in Sardara Singh Versus Financial Commissioner, 2008(3) PLR 297, the Financial Commissioner has neither adverted to nor recorded any finding in respect of this plea. In order to fortify his plea, counsel for the petitioners refers to the grounds of revision filed before the Financial Commissioner. CWP No.5012 of 2009 -2- Counsel for the State of Punjab, on the other hand, submits that the surplus area case of the big landowner has been rightly decided and the petitioners have no right, much less on the basis of the Full Bench judgment of this court in Sardara Singh Versus Financial Commissioner (supra) to pray that the surplus area proceedings be reopened or that the surplus area be redetermined in the hands of the legal heirs of the big landowner. I have heard counsel for the parties and considered the submission made by counsel for the parties. A perusal of the grounds of revision filed before the Financial Commissioner, clearly establishes that the petitioners raised a plea that on account of the demise of the big landowner, and the failure of the State to utilise the surplus area, the Collector, Agrarian, would be required to re-determine surplus area in the hands of legal heirs of the big landowner. A perusal of the order passed by the Financial Commissioner, discloses that this plea has not been adverted to or decided. As a consequence, the writ petition is allowed, the order dated 18.12.2009, passed by the Financial Commissioner (Appeals-I), Punjab, Chandigarh, is set aside without expressing any opinion as to the rights of the petitioners or the State of Punjab. The matter is remitted to the Financial Commissioner (Appeals), Punjab, Chandigarh, to decide the matter afresh particularly the petitioners plea that on account of the demise of the big landowner, the surplus area has to be re-determined in the hands of his legal heirs. Parties are directed to appear before the Financial Commissioner (Appeals), Punjab, Chandigarh, on 06.09.2010, for further proceedings. 21.07.2010 [RAJIVE BHALLA] shamsher JUDGE