SARDAR SINGH Vs. FINANCIAL COMMISSIONER DELHI AND ORS.

JUDGEMENT

(1.) THE petition impugns the order dated 13th December, 2007 of the Financial Commissioner dismissing the revision petition filed by the Petitioner under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The petition came up before this Court first on 14th January, 2008 when the Petitioner made a statement that the Petitioner, though in the writ petition has challenged but was not challenging the order insofar as with respect to 12 Bighas 18 Biswas of land which had vested in the Gaon Sabha. Notice of the petition was issued on other aspects only and status quo in respect of Khasra Nos. 28/13(2 -8) and 28/14(2 -8) and post consolidation of Khasra Nos. 154/874(2 -2) and 154/875 (2 -2) directed to be maintained. The said interim order has continued in force.

(2.) PLEADINGS have been completed. The counsel for the Petitioner and the counsel for the Respondents 4 to 7 have been heard.

(3.) THE counsel for the Petitioner contends that the grievance of the Petitioner is two fold - firstly of non allotment of any residential plot, though required to be allotted under the Scheme of consolidation and the Rules and secondly of the claim of the Petitioner of the deficiency in post consolidation allotment having not been made up. Connected to the first contention aforesaid, if found tenable, is the claim of the Petitioner for allotment of residential plot in the pre consolidation holding of the Petitioner and of which now the Respondents 4 to 7 claim to be owners. The counsel for the Petitioner however states that the Petitioner is still in possession of the same under the interim orders in this petition. The counsel for the Respondents 4 to 7 controverts and states that the Respondents 4 to 7 are in possession.