HERNEK SINGH Vs. FINANCE COMMISSIONER APPEAL PUNJAB

JUDGEMENT

(1.) Leave is granted.

(2.) The appellant who claims to be the legatee of the owner of the land, late Daljit Singh, assails the order of the High Court of Punjab and Haryana passed in C.W.P. No. 11100 of 1998 dated July 30, 1998. By the impugned order the High Court confirmed the order of the Financial Commissioner Appeals-II dated June 26, 1998 in Case No. R.O.R. No. 115 of 1997-98.

(3.) This appeal arises out of the proceeding initiated before the Collector Agrarian. Dhuri by respondents 5 to 10 for delivery of possession of the land in question on the ground that it was allotted to them on September 22, 1980. The Collector dismissed their application on April 17, 1997. They carried the matter in appeal before the Commissioner, Patiala Division, who by order dated September 22, 1997 allowed the appeal and remanded the case to the Collector for passing a speaking order. Daljit Singh filed revision against that order before the Financial Commissioner (Appeals-II) (East Punjab), which was dismissed on June 26, 1998. The appellant claiming to be the legatee of Daljit Singh filed the aforementioned writ petition assailing the validity of the said order of the Financial Commissioner passed on June 26, 1998. The writ petition was dismissed by the High Court on July 30, 1998. It is against that order that the appellant is in appeal before us.