CWP No. 13468 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13468 of 2003 Date of decision:02.07.2010 Lakha Singh ...... Petitioner VERSUS The Financial Commissioner, Revenue Punjab, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Dinesh Ghai, Advocate for the petitioner. Mr.Manohar Lal, Addl.A.G., Punjab for the respondents. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 04.02.2003, passed by the Financial Commissioner Revenue, Punjab, Chandigarh. The petitioner's father Sh.Udham Singh and the latter's brother Sh.Sulkhan Singh were displaced persons from Pakistan. Their claim for allotment in lieu of land left behind in Pakistan was verified and accepted in the year 1955-56 and land measuring 7-3 ½ S. acres was allotted to them in Village Phulara, Tehsil Dasuya, District Hoshiarpur. However, as possession was not delivered, the allotment remained unsatisfied. After the original allottees passed away, the petitioner filed an application before the Managing Officer for allotment of alternative land. The application was dismissed compelling the petitioner to file an appeal before the Settlement Commissioner, Punjab, who vide order dated 27.11.1980, accepted the appeal and directed the Managing Officer to provide alternative land to the petitioner. Vide order dated 18.01.1993, the Managing Officer, ordered CWP No. 13468 of 2003 -2- allotment of the land in dispute to the petitioner but before the goshwara of allotment could be issued to the petitioner, the successor Managing Officer, made a reference to the Financial Commissioner under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (hereinafter referred to as the Act), pointing out certain errors/illegalities in the allotment made to the petitioner. The Financial Commissioner, took cognizance of the alleged errors/illegalities and issued a show cause notice to the petitioner. The petitioner put in appearance on 30.10.2002. The Financial Commissioner, recorded the petitioner's statement and directed him to produce a copy of the order cancelling the allotment made in village Phulara, Tehsil Dasuya, District Hoshiarpur on 08.11.2002. As the petitioner could not produce a copy of an order cancelling allotment, the Financial Commissioner, set aside the order, allotting alternative land to the petitioner. Counsel for the petitioner submits that the suo motu proceedings, initiated by the Financial Commissioner are null and void as the petitioner was not granted an opportunity to file a reply, lead evidence or engage a counsel. The Financial Commissioner, was required to afford an adequate opportunity to the petitioner to establish that possession of the land allotted in Village Phulara was not delivered and therefore there was no illegality or infirmity in the order passed by the Managing Officer allotting alternative land to the petitioner. The Financial Commissioner could have summoned the record to verify whether possession was ever delivered to the petitioner. Instead, the Financial Commissioner, proceeded to decide the matter as if he was dealing with an administrative matter. It is further argued that the impugned order is factually incorrect as allotment was never CWP No. 13468 of 2003 -3- cancelled and delay in finalising proceedings is attributable to the respondents. Counsel for the State of Punjab, on the other hand, submits that the Financial Commissioner, examined the record in detail. The petitioner was afforded an adequate opportunity to establish the correctness of the allotment made in his favour but on his failure to lead any evidence, or address any relevant argument, the Financial Commissioner, had no option but to set aside the order passed by the Managing Officer. It it is further submitted that the initial allotment was made in the year 1955-56. The petitioner approached the Managing Officer for allotment after a period of 30 years. In the absence of any explanation for this inordinate delay and in view of the circumstances noticed by the Financial Commissioner, the writ petition should be dismissed. I have heard counsel for the parties and perused the impugned order and am satisfied that the petitioner has been deprived of an adequate opportunity to defend the show cause notice. The powers conferred by Section 33 of the Act, are quasi-judicial in nature and should therefore, be exercised judiciously by grant of an adequate opportunity to a noticee. A perusal of the impugned order discloses that, on the first date itself and without affording the petitioner an opportunity to file a reply, lead evidence, or engage the services of a counsel, the Financial Commissioner recorded the petitioner's statement. In addition, the impugned order appears to be factually incorrect. The Financial Commissioner, appears to have ignored the fact that the verified claim was accepted in the year 1955-56 and the allotment made to the petitioner's predecessor, in village Phulara, Tehsil Dasuya, District Hoshiarpur, remained on paper. Whether possession was CWP No. 13468 of 2003 -4- delivered or not could have easily been verified from the revenue authorities or the department. It appears that the verified claim, accepted in the year 1955-56, remained unsatisfied. The original displaced persons passed away but the matter remained pending before the Managing Officer and the Settlement Officer. The delay therefore, cannot be attributed to the petitioner. In this view of the matter but without recording any further opinion on the merits of the present controversy, the writ petition is allowed, the order dated 04.02.2003 is set aside and the matter is remitted to the Financial Commissioner, Revenue, Punjab, Chandigarh, to decide the matter afresh and in accordance with law within a period of three months from the receipt of a certified copy of this order. Parties are directed to appear before the Financial Commissioner, Revenue, Punjab, Chandigarh, on 05.08.2010. 02.07.2010 [RAJIVE BHALLA] shamsher JUDGE