RANBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing of order dated 28.07.2010 (Annexure P/2) passed by the Additional Deputy Commissioner-cum-Collector, Jalandhar, under the provisions of the Redemption of Mortgages (Punjab) Act No.II of 1913 (hereinafter referred to as the Act), whereby order dated 31.12.2008 (Annexure P/1) passed by the Sub Divisional Magistrate-cum-Collector First Grade, Nakodar has been set aside.

(2.) Brief facts of the case are that the land in dispute measuring 5 kanals 19 marlas as 1/6th share in land measuring 35 kanals 14 Marlas, situated in the revenue limits of Village Maladi Hadbast No. 28, Tehsil Nakodar, District Jalandhar, was mortgaged by Swaran Kaur, widow, Kulwinder Singh son and Kulwant Kaur, Baljeet Kaur, Gurbaksh Kaur, daughters of Jarnail Singh on 13.11.2000 for a sum of Rs.50,000/- with respondent No.4-Jaspal Singh. The petitioner Ranbir Singh purchased the disputed land from the mortgagor and mutation No. 3016 was sanctioned in his favour. Thereafter, an application for redemption was filed by the petitioner through his General Power of Attorney Gurdip Singh before the S.D.M.-cum-Collector First Grade, Nakodar for redemption of the same, which was allowed by the S.D.M.-cum-Collector First Grade vide dated 31.12.2008 (Annexure P/1). Respondent No.4 Jaspal Singh instead of approaching the Civil Court under Section 12 of the Act, filed an appeal before the Additional Deputy Commissioner-cumCollector, Jalandhar, which has been allowed vide order dated 28.07.2010 (Annexure P/2) whereby order of the S.D.M.-cum-Assistant Collector First Grade has been set aside and the case has been remanded to the Assistant Collector First Grade to first decide the question of jurisdiction. Hence, this writ petition. I have heard learned counsel for the parties and perused the record.

(3.) The first argument raised by the learned counsel for the petitioner is that there is no provision of appeal under the Act against the order passed by the Competent Authority. The only remedy available is under Section 12 of the Act. Section 12 of the Act provides that if any party is aggrieved against the order under Sections 6 to 11 of the Act, he may institute a suit to establish his rights. Learned counsel for respondent No.4 has opposed the contention raised by the learned counsel for the petitioner.