R N SAHNI Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This intra-court appeal impugns the judgment dated 10.04.2012 of the learned Single Judge dismissing W.P.(C) No.773/1995 preferred by the appellants. The said writ petition was preferred impugning the order dated 06.02.1995 of the Financial Commissioner dismissing the revision petition preferred by the appellants.

(2.) Notice of this appeal was issued and vide order dated 18.04.2012 status quo directed to be maintained. The records of the writ petition from which this appeal arises were also requisitioned. The counsel for the appellants, the counsel for the respondent Government of NCT of Delhi (GNCTD) and the counsel for the contesting respondent no.4a Smt. Sita Devi widow of late Sh. Raghunath Singh have been heard. The counsel for the appellants and the counsel for GNCTD have also filed synopsis of their submissions.

(3.) The appellants had in or about the year 1994 filed the Revision Petition aforesaid before the Financial Commissioner under Section 42 of the East Punjab (Consolidation and Prevention of Fragmentation) Act, 1948 challenging the re-partition carried out in the Revenue Estate of village Kapashera during 13.07.1988 to 20.07.1988. It was their case that their farmhouse, sanctioned on pre-consolidation Khasras No.763/2, 765/1 and 766 was situated in post-consolidation Khasras No.33/2 and 33/9 but a part of the land admeasuring 1 bigha 18 biswas of their farmhouse situated in Khasra No.33/2 min (1-8) and 33/9 min (0-10) had in re-partition been allotted to one Sh. Dharam Singh who had sold the same to Sh. Raghunath Singh whose widow Smt. Sita Devi, the contesting respondent No.4a is contesting this appeal.