DALIP SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Present petition is filed assailing the orders dated 9.1.1986 (Annexure P-2) and 23.8.1990 (Annexure P-3) passed by Deputy Commissioner-cum-Chief Sales Commissioner and Financial Commissioner (Appeals), Punjab respectively.

(2.) Brief facts of the present case are that petitioner applied to the Sales Commissioner under the Punjab Package Deal Properties (Disposal) Act, 1976 for the allotment of the plot measuring 17 marlas 65 sq. feet situated in village Lohian Khas, Tehsil Nakodar, District Jalandhar; Sales Commissioner, Nakodar vide order dated 21.10.1982 directed to transfer the land in dispute in favour of the petitioner on payment of Rs. 299/-towards the value, Rs. 54/- towards the rent charges and Rs. 150/- towards the late fee, total comes to Rs. 503/-; Order of the Sales Commissioner was challenged before the Deputy Commissioner-cum-Chief Sales Commissioner Jalandhar; In a revision, the revisional authority vide order dated 9.1.1986 allowed the revision by observing that property was never declared evacuee property, hence, under the provisions of Package Deal Properties (Disposal) Act, 1976, no allotment/transfer could be made in favour of the petitioner herein; Order of the Deputy Commissioner-cum-Chief Sales Commissioner/Revisional Authority was challenged under Section 15 of the Act, 1976 before the Financial Commissioner (Appeals) Punjab, Chandigarh; Learned Financial Commissioner (Appeals) Punjab vide order dated 23.8.1990 dismissed the petition having observed that after 7.4.1954 no property could be declared as evacuee property and this property was never declared as evacuee property; Hence, Sales Commissioner has no jurisdiction to transfer the land in favour of the present petitioner.

(3.) I have heard Learned Counsel for the parties and perused the records.