KIRPAL SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE petitioners complain that the respondent authorities have ordered their eviction from the land without any notice. It is alleged that the petitioners had purchased the land from Smt. Harnam Kaur on February 28, 1958 before the land had been declared surplus. They were bona fide purchasers and their holding had been exempted from being included in the surplus pool in the year 1969. Thus, the revenue authorities could not have ordered their eviction on the hypothesis that the vendor was a big landowner. On this basis, the petitioners impugn the orders passed by the respondent authorities. Copies of these orders have been produced as Annexures P2, P3 and P5 with the writ petition.

(2.) IN the written statement filed on behalf of the respondents the averment that the notice in respect of land measuring 22 kanals 5 marlas had not been issued to the petitioners has not been disputed.

(3.) RESULTANTLY , the order, a copy of which has been produced as Annexure P5 with the writ petition, is set aside. The matter is remitted to the Financial Commissioner for a fresh decision after hearing counsel for the parties. No costs.