HAZARI LAL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners by this writ petition impugn the order dated 14 th May, 2010 of the Financial Commissioner allowing the Revision Petitions of the respondent no.2 and thereby condoning the delay (stated to be of about seven and half years) on the part of the respondent no.2 in preferring the appeal before the Deputy Commissioner/Revenue Assistant against the order dated 11th February, 1983 and other orders of the Naib Tehsildar mutating the land in favour of the petitioners.

(2.) It is relevant to set out the facts.

(3.) One Shri Rattan Singh was the original Owner/Bhoomidhar of the land in question. It is the case of the respondent no.2 that the said Shri Rattan Singh had agreed to sell the said land to Shri Gopal Singh (father of the respondent no.2) and as a part of the said transaction also executed a will bequeathing the said land to Shri Gopal Singh. Shri Rattan Singh died on 3rd March, 1974 leaving five sons who, immediately after his demise applied for mutation of the said land in their own names and which mutation is stated to have been carried out on 29th June, 1974. The sons of Shri Rattan Singh thereafter proceeded to sell the land to the petitioner who now claim to be the owners/Bhoomidhar of the land and got the mutation in their favour vide order dated 11th February, 1983 (supra) and other orders of the Naib Tehsildar.