CWP No.5511 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.5511 of 2010 Date of Decision: 19.8.2010 Raghbir Singh and others .....Petitioners Vs. Financial Commissioner (Revenue),Punjab Chandigarh, and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Amit Rawal, Advocate for the petitioners. Ms. Anupal, AAG, 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 orders dated 3.11.2009, 27.9.2006 and 7.12.2005, passed by the Financial Commissioner, Revenue, Punjab, Chandigarh, the Divisional Commissioner, Patiala Division, Patiala and the Collector, Agrarian-cum-Sub Divisional Magistrate, Ludhiana-West. Bant Singh, s/o Joginder Singh, since deceased and now represented by the petitioners, was allotted 3 Bighas 12 Biswas on 23.1.1981 under the Punjab Utilisation of Surplus Area Scheme, 1973. The allotment carried a caveat that Bant Singh would not sell the land for 15 years. Bant Singh, executed a power of attorney dated 14/15.12.1994, in favour of Maghar Singh S/o Nahar Singh, authorising the latter to sell, mortgage and deal with the land in any manner, he deemed appropriate. On CWP No.5511 of 2010 2 27/28.2.2003, the power of attorney was cancelled, by Bant Singh, by a registered instrument. Despite the cancellation, Maghar Singh sold the land to Zora Singh, respondent no.4, vide a registered sale deed dated 28.8.2003. A mutation was recorded in the name of Zora Singh. The Assistant Collector, Ist Grade-cum-Sub Divisional Magistrate, Ludhiana-West, cancelled the mutation. The matter was eventually placed before the Collector, Agrarian, who vide order dated 7.12.2005 cancelled the allotment made in favour of Bant Singh. Aggrieved by this order, the petitioners filed an appeal, which was dismissed by the Commissioner. The revision filed before the Financial Commissioner Revenue,Punjab, met the same fate. Counsel for the petitioners submits that the Collector Agrarian, could not have cancelled the allotment as Bant Singh had cancelled the power of attorney, before Maghar Singh executed the sale deed, in favour of Zora Singh. The cancellation of the power of attorney was brought to the notice of the Collector, is referred to in the impugned order, but has been ignored, without assigning any reason. It is further submitted that as Bant Singh duly notified Maghar Singh about the cancellation of the general power of attorney, the sale deed executed by Maghar Singh is void and should not visit Bant Singh or his legal representatives with any adverse consequences, much less cancellation of the allotment. Counsel for Zora Singh, respondent no.4 states that as Zora Singh is a bonafide purchaser without any prior knowledge of the cancellation of the power of attorney, he has a right to seek adjudication of rights flowing from the sale deed, in accordance with law. Counsel for the State of Punjab, on the other hand, submits that in view of the transfer, by the allottee, in violation of the terms and CWP No.5511 of 2010 3 conditions of the allotment, the Collector, Agrarian rightly set aside the allotment. It is further submitted that in the absence of any cogent evidence of the service of a prior notice upon the attorney, informing him of the cancellation of the power of attorney, the order cancelling the allotment is legal and valid. I have heard counsel for the parties and perused the impugned orders. Admittedly, the general power of attorney executed by Bant Singh on 14/15.12.1994, was cancelled by a written instrument, duly registered with the Sub-Registrar, Ludhiana on 27/28.2.2003. The sale deed was admittedly executed on 28.8.2003, six months after the cancellation of the power of attorney. The respondents do not allege that deed of cancellation is illegal or fraudulent. The petitioners are prima facie, justified in asserting that as the power of attorney was cancelled, before Maghar Singh executed the sale deed. It would, however, not be appropriate to express any final opinion in the matter, as it is for the petitioners to prove the cancellation of the registered power of attorney etc. The Collector, the Commissioner and the Financial Commissioner, Revenue, failed to consider the effect of cancellation of the power of attorney,though this fact was brought to their notice and is referred to in the impugned orders. It, therefore, appears that allotment has been cancelled in an arbitrary manner, without due consideration of correct facts. In view of what has been stated herein above, the writ petition is allowed, the orders dated 3.11.2009, 27.9.2006 and 7.12.2005, are set aside and the matter is remitted to the Collector, Agrarian-cum-Sub Divisional Magistrate, Ludhiana-West, to decide the question with respect to cancellation of the allotment, in accordance with law, within three CWP No.5511 of 2010 4 months from the date of receipt of a certified copy of this order. Parties are directed to appear before the Collector, Agrarian, Ludhiana-West on 28.9.2010. 19.8.2010 (RAJIVE BHALLA) GS JUDGE