Civil Writ Petition No. 16437 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16437 of 2008 Date of Order: 09.03.2010 Bhani Ram ....Petitioner Versus The Financial Commissioner Appeals-I, Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. P.N.Aggarwal,Advocate for the petitioner Mr. S.S.Sahu, AAG, Punjab for respondents no. 1 to 3 RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for setting aside the orders dated 01.02.2002, 15.09.2003 and 17.01.2008, passed by the Collector, Ferozepur the Commissioner, Ferozepur Division, Ferozepur and the Financial Commissioner Appeals-I, Punjab. Counsel for the petitioner submits that, at this stage, he confines his payer to the legality of order passed by the Financial Commissioner. The Financial Commissioner has held that as the matter has been remanded to the Assistant Collector Ist Grade, the petitioner would be able to raise his pleas before the Assistant Collector Ist Grade. The order passed by the Financial Commissioner discloses a failure to peruse the orders passed by the Collector and the Commissioner as neither the Collector nor the Civil Writ Petition No. 16437 of 2008 -2- Commissioner have passed any order of remand and have merely adjourned the application for purchase of land, sine-die- to await the outcome of a Regular Ssecond Appeal pending before the High Court. No one is present on behalf of the private respondents. I have heard counsel for the petitioner, perused the impugned orders and the reply filed by the private respondents The Collector and the Commissioner adjourned the application for purchase of land, sine-die, to await the decision in a Regular Second Appeal. The Financial Commissioner apparently misread these orders and, therefore, passed the following order:- “I have heard the arguments of the learned counsel for both the parties. It is an admitted fact by the learned counsel for the petitioners that the cases already stand remanded back to the Assistant Collector, Ist Grade, Fazilka and lot of time has been wasted in the subsequent litigation. Since the cases have been remanded for a fresh decision, no injustice has been done to the petitioners who would get an opportunity of being heard before the Assistant Collector, Ist Grade, Fazilka. Accordingly, I see no justification for entertaining the present revision petitions and dismiss the same. The parties have been directed to appear before the Assistant Collector, Ist Grade, Fazilka, on 26.2.2008 for further proceedings." In the absence of any order of remand whether by the Civil Writ Petition No. 16437 of 2008 -3- Collector or by the Commissioner, the order passed by the Financial Commissioner is incorrect on facts. Even otherwise, the Financial Commissioner failed to examine the petitioner's contention that the dispute pending in Regular Second Appeal is entirely irrelevant for adjudicating his application for purchase of land forming a part of the tenants permissible area. In view of what has been stated hereinabove, the writ petition is allowed and the order dated 17.01.2008, is set aside and the matter is remitted to the Financial Commissioner Appeals-I to decide the revision petition afresh, in accordance with law. Parties are directed to appear before the Financial Commissioner on 19.04.2010. March 09, 2010 (RAJIVE BHALLA) nt JUDGE Civil Writ Petition No. 16437 of 2008 -4- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6438 of 2008 Date of Order: 09.03.2010 Bhani Ram ....Petitioner Versus The Financial Commissioner Appeals-I, Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. P.N.Aggarwal,Advocate for the petitioner Mr. S.S.Sahu, AAG, Punjab for respondents no. 1 to 3 RAJIVE BHALLA, J (Oral). For orders, see Civil Writ Petition No.16437 of 2008 titled as Bhani Ram V. The Financial Commissioner Appeals-I, Punjab and others, decided on even date. March 09, 2010 (RAJIVE BHALLA) nt JUDGE