ANKUR KALRA Vs. ANIL SURI

JUDGEMENT

(1.) The order dated 7.10.2004 passed by the learned Single Judge in Writ Petition No.4440/2003 is under challenge in this appeal whereby the writ petition was allowed and the order dated 27.6.2003 passed by the Financial Commissioner on a review filed by the appellants herein was quashed. While disposing of the writ petition the learned Single Judge held that the Financial Commissioner was not justified in upsetting his earlier order dated 28.11.2002 by exercising the powers of review in terms of which he has passed the order dated 27.6.2003, which according to the learned Single Judge was directly in conflict with the the earlier order dated 28.11.2002. In order to appreciate the findings recorded by the learned Single Judge, which are under challenge in this appeal, we have to narrate the background facts leading to filing of the aforesaid writ petition in this Court.

(2.) The appellant herein filed an application which was undated in the office of the S.D.M., Najafgarh contending, inter alia, that they are the joint recorded owners of the land comprising in khasra Nos.149/3,149/8 and 149/13/1 along with Shri Anil Suri and Vivek Suri, who are the respondents herein. It was also stated that the appellants being minors were not in position to get their land properly cultivated due to the factum of joint ownership of the aforesaid land and, therefore, they intended to get the said land separated from the other co-owners, namely, Shri Anil Suri and Vivek Suri in order to avoid any dispute and, therefore, requested that the division of the above mentioned fields be made and new khasra numbers be assigned to the land of the appellants as also to the land of Shri Anil Suri and Vivek Suri. In paragraph No. 5 of the said application it was stated as follows:-

(3.) The prayer in the said application was in the following terms:-