RISHI PRAKASH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) UNDER challenge in this petition is the order of Financial commissioner (FC) passed in Case No. 91/03 dated 14. 11. 2006 whereby the fc has allowed the Revision Petition preferred by respondent No. 3 Smt. Dayawati under Section 42 of the East Punjab Holdings (Consolidation and prevention of Fragmentation) Act, 1978 (the Act), and set aside the order dated 09. 04. 03 passed by the Consolidated Officer (C. O.) in the proceedings initiated under section 43a the Act. Section 43a permits the correction of clerical or arithmetical mistakes made in a scheme or an order passed by any officer under the Act, arising from any accidental slip or omission. The learned F. C. concluded that the C. O. by resort to Section 43a had not merely corrected a clerical or arithmetical mistake arising from an accidental slip or omission in his earlier order (whereby land measuring (2-2) was allotted to the petitioners), but had reviewed his earlier order thereby relocating the plots allotted to the petitioners on the one hand, and respondent No. 3 on the other. Consequently, the learned F. C. held that the C. O. had passed the order dated 09. 04. 2003 under Section 43a without jurisdiction, as the C. O. had no jurisdiction to review his earlier order of repartition.

(2.) BRIEFLY stated the facts of the present case are that consolidation proceedings in Village Pooth Khurd were started vide notification dated 1st september, 1998. The scheme of consolidation was announced and the khata Haqdars were asked to submit their demand for allotment of plots in the extended Lal Dora/ Abadi. Initially the petitioners (having Khata No. 454) had been allotted residential plot out of Khasra No. 154/814 as per their entitlement of (2-2) simple and (2-3) standard. Not satisfied with this initial allotment, they objected against this allotment under Section 21 (2) of the act before the C. O. On 26. 07. 2000 the C. O. allotted them land in Khasra no. 154/819 thereby also withdrawing the earlier allotment. Respondent No. 3 (having Khata No. 1192) as per her entitlement was initially allotted residential plot No. 154/500-501 jointly with other Khata Haqdars having khata Nos. 1191,1193 and 1195. Some time in 1998-1999 ajoint application was made by all these Khata holders to the C. O requesting for division of the plot separately to each khata holder, since earlier they were holding separate khatas and had been wrongly clubbed under the scheme. Proceeding was initiated in this regard on 10. 9. 99 and on 12. 12. 2000 respondent No. 3 was allotted remaining land measuring 19 biswas in Plot no. 819, Khasra No. 154. Vide public notice dated 23rd February 2001, the proceedings on objections under section 21 (2) of the Act were completed.

(3.) THE Respondent No. 3 made an application dated 31. 03. 2003 to the sdm, Narela for demarcation of the sides of Plot No. 154/819 in Village pooth Khurd. It is stated that at this stage the C. O. suo moto initiated the proceedings under Section 43a of the Act that culminated in the order dated 09. 04. 2003 whereby the C. O. held that the omission to mention either "south-East" or "south-West" and the mere mention of "dakshin" or "south" in the allotment made to the petitioners, was a clerical mistake which needed to be rectified under Section 43a of the Act. Further, by this order the C. O. relocated the petitioner and respondent No. 3 by re-allotting the plots. Aggrieved by this order of the C. O. , Respondent No. 3 moved a revision. petition before the. F -. C. challenging the said order as being illegal and without any jurisdiction under the Act. The F. C. allowed the Revision petition vide his order dated 14. 11. 2006. The petitioner in this petition has assailed the order of F. C. and has sought for issuance of writ of certiorari/mandamus for setting aside the same.