BALBIR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) A very disturbing trend which needs to be deprecated be noted at the outset. On 20.5.2004, order was passed in presence of counsel for the petitioners directing: WP(C) NO. 41/1987 'Respondent No.1 is a formal party and none has put in appearance for respondent No.15. A complete set of paper book be supplied to learned counsel for respondent No.2 & 3. List in the category of After Notice Misc. Matters on 19.8.2004 for final disposal."

(2.) On 19.8.2004, matter was shown in the cause list but under the caption: 'For Directions:'

(3.) When matter was called, counsel for respondents 4 to 14 stated that his clients were not pressing any claim to the land in dispute being the land comprised in killa no.257 in Village Karala. Land being a Village pond had to be preserved as a pond in view of the decision of the Supreme Court reported as 2001 (4) SCALE 670, Hinch Lal Tiwari Vs. Kamla Devi & Ors. So stating and completing his submission within less than a minute, counsel resumed his seat. Thereafter, Sh.Statinder Singh opened arguments for the petitioners. He addressed arguments for about 20 minutes. His main thrust was that respondents 4 to 15 had no locus standi to file the revision petition before the Financial Commissioner which resulted in the impugned order dated 11.11.1986 being passed. He argued that these respondents were encroachers and were not only not entitled to any land in the village but could not question any allotment to any land owner.