TEJINDER PAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE short controversy involved in the present petition is as to whether an application under Section 18 of the Punjab Security of Land Tenures Act, 1953 (in short 'the Act') as applicable in State of Punjab shall be heard by the Assistant Collector of 1st Grade or shall be heard by the Collector?

(2.) RECORD reveals that initially application under Section 18 was moved before the Assistant Collector 1st Grade, Fazilka and thereafter an appeal was filed before the Collector. Learned Collector has remanded the matter to the Assistant Collector to decide it afresh after hearing both the parties. Order of the Collector was challenged before the Commissioner Ferozepur and thereafter before the Financial Commissioner. Learned Financial Commissioner has recorded statement of learned State counsel and has directed that instead of sending the matter to Assistant Collector, it should have been decided by Collector himself because Collector himself is having jurisdiction to decide the application under Section 18 of the Act.

(3.) I have carefully perused Section 18 of the Act. As per Section 18 of the Act, the application shall be moved in writing to Assistant Collector, 1st Grade. Therefore, Assistant Collector has jurisdiction to entertain and decide the application under Section 18 of the Act.