RAMESHWAR DUTT Vs. FINANCIAL CFOMMR DELHI

JUDGEMENT

(1.) The writ petitioner claims to be aggrieved by an order dated 22nd October, 1991 of the Financial Commissioner issued under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereafter the 'Act').

(2.) Consolidation proceedings in village Sahibabad Daulatpur, commenced in 1971; a scheme along with a list was prepared in 1972. Thereafter, repartition in terms of Section 21 (1) was carried out. It is claimed that on 06/02/82 the second respondent, the Consolidation Officer passed orders of allotment to Schemi Qabzani. He allotted Schemi Qabzan No. 51/13/1 to the petitioner who was shown at serial No. 5. The same lands were allotted to another person, namely, Risal Singh who was shown at serial No. 7. The petitioners got to know of this fact in May, 1990.

(3.) In July, 1990, Risal Singh filed a revision petition before the Financial Commissioner in respect of the order dated 6th February, 1982, claiming alternative land. The revision petition was allowed, inter alia, in the following terms: