GRAM PANCHAYAT VILLAGE BAJGHERA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Gram Panchayat Village Bajghera, Tehsil and District Gurgaon through its Sarpanch has filed this petition for issuance of a writ in the nature of certiorari quashing order Annexure P-4 dated 04.04.2008 passed by respondent No. 1 i.e. Financial Commissioner (Revenue), Haryana and quashing order dated 20.11.2003 Annexure P-3 passed by respondent No. 2 i.e. Commissioner, Gurgaon Division, Gurgaon.

(2.) Vide order Annexure P-4, the Financial Commissioner, Revenue has dismissed the revision petition of the Gram Panchayat (petitioner) on the premise that there is no provision in the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to Haryana (for short 'The Act') which would permit filing or consideration of second Revision Petition. Vide order Annexure P-3, Commissioner Gurgaon Division, Gurgaon allowed the revision filed on behalf of respondents No. 5 to 12 as themselves and in representative capacity of the Biswedars. It has been held by the Financial Commissioner that second revision petition against the order of Commissioner is not permissible under Section 13-B of the Act.

(3.) After reading all the orders viz. Annexures P-1 to P-5 in extenso, short contention of learned counsel for the petitioner in this writ petition is that the Financial Commissioner had the powers of revisional authority and, therefore, order Annexure P-4 is based on wrong legal premise.