SUNDER SINGH Vs. STATE OF HARYANA 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 09.08.2011 (Annexure P/5) passed by respondent No.1 - Financial Commissioner and order dated 26.05.2009 (Annexure P/4) passed by respondent No.2 Commissioner, Hisar.

(2.) Brief facts of the case are that respondent No.5 Om Parkash, owner of the land, filed an application for ejectment in Form 'L' against the petitioner with respect to the land mentioned in the petition regarding village Dhansu under the provisions of Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) on the ground that the petitioner failed to pay the share (Batai/Tihai) to respondent No.5. The Assistant Collector Ist Grade, Hisar, vide order dated 30.09.2005 (Annexure P/1) ordered that the petitioner should pay Rs.36,334/- i.e. 1/3 rd share along with 8% interest with costs after deducting Rs.3,000/- from the same, within 15 days, failing which, the petitioner would be automatically ejected from the land. The petitioner filed appeal against the said order, which has been dismissed on 16.11.2005. Thereafter, the petitioner preferred an application on 24.11.2005 before the Assistant Collector Ist Grade that he was willing to deposit the amount in compliance to order dated 30.09.2005. It was pleaded that amount could not be deposited due to pendency of the appeal. The application was allowed by the Assistant Collector First Grade vide order dated 04.04.2006 (Annexure P/2) permitting the petitioner to deposit the amount in compliance of the order dated 30.09.2005 in the Government Treasury. Thus, order dated 30.09.2005 has been complied with by the petitioner. Respondent No.5 preferred an appeal against order dated 04.04.2006 before the Collector.

(3.) That was dismissed vide order dated 26.09.2006 (Annexure P/3). Thereafter, respondent No.5 filed a revision against the order of the Collector, as well as the order of the Assistant Collector Ist Grade. Vide order dated 26.05.2009 (Annexure P/4), revision petition was accepted by the Commissioner with the observation that under Section 14(1) of the Act, the tenant is required to deposit the share of Batai within 15 days from the day of first hearing and on failure to do so he shall be ejected.