LPA No.108 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: LPA No.108 of 2009 DATE OF DECISION: February 26, 2009 HARBHAJAN DASS MAHANT ...APPELLANT VERSUS F.C. (APPEALS-I), PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. SOM NATH SAINI, ADVOCATE FOR THE APPELLANT. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner is aggrieved by the order dated 9.4.2008, passed by the Divisional Commissioner, Patiala Division, Patiala vide which the case has been remanded to Assistant Commissioner, Ist Grade, Rajpura with a direction that the authority should firstly verify that the property in question is private property of the present petitioner and his brother Late Sh.Sadhu Ram or whether the same is the property belonging to Samadh. This order was challenged by the petitioner by filing CWP No.2577 of 2009 titled as Harbhajan Dass vs. Financial Commissioner (Appeals-I), Punjab and others and the learned Single Judge dismissed the writ petition vide order dated February 18, 2009. Counsel for the petitioner submits that A.C. Ist Grade, Rajpura has no jurisdiction to decide the question of title as per the directions of the Divisional Commissioner's order and it is only the civil Court which can determine the same. A perusal of the judgement of learned Single Judge shows that LPA No.108 of 2009 -2- the petitioner can raise all the pleas including the plea of jurisdiction before the A.C. Ist Grade. We also find no infirmity in the orders passed by learned Single Judge. The petitioner can raise the plea of jurisdiction before A.C. Ist Grade who shall treat the question relating to jurisdiction as a preliminary issue and shall not be influenced by the observations made by the Divisional Commissioner, Patiala Division, Patiala. The Letters Patent Appeal is disposed of. (ASHUTOSH MOHUNTA) JUDGE February 26, 2009 (NIRMALJIT KAUR) Gulati JUDGE4