SIRI KRISHAN CHANDER Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner-landowner owned 72 S.A. and 11-3/4 Units of land in village Haripura, Tehsil Fazilka, district Ferozepur. It has been averred that the petitioner did not reserve his land in the year 1953 or thereafter but selected his permissible area in the year 1958 and submitted the relevant list of Khasra Numbers therefor in form 'E' to the Revenue Patwari of his Halqa. Later, however, the Collector Surplus Area, Ferozepur started proceedings against the petitioner for determining his surplus area and by his order dated the 22nd of March, 1961, he declared 34 Standard Acres 6-1/4 Units of his land as surplus in his hand. It has been expressly averred that the area already selected by the petitioner vide form 'E' submitted to the Halqa Patwari on 15th December, 1958, was allowed to be retained as his permissible area. It is then averred that respondent No. 5 is a tenant under the petitioner on land measuring 18 Bighas 2 Biswas and being a big landowner the petitioner submitted an application in form K-2 prescribed under the Act for ejecting him on the 21st November, 1961. The matter came up before the Assistant Collector, 1st Grade, Fazilka, and by his order dated the 19th of February, 1963, he summarily dismissed the application for ejectment wholly on the ground that the selection of the area by the petitioner was intimated to the Patwari on the 15th of December, 1958, after the due date for filing the same.

(2.) Aggrieved by the said order, the petitioner went up in appeal to the Collector, Ferozepur, who noticed that it was contended before him that the relevant number from which ejectment was sought had been declared part of the reserved area of the appellant-landowner, but dismissed the appeal on the ground that no such evidence had been brought on the record to substantiate this fact (vide annexure 'C').

(3.) The petitioner then went up in revision before the Commissioner, Jullundur Division and also sought to produce before him a copy of the order dated the 22nd of March, 1961, passed by the Collector, Surplus Area whereby the land in dispute had been placed by the Collector within the permissible area of the petitioner. The matter came up before the Additional Commissioner on the 4th of February, 1964, and by his order of that day he rejected the revision on the ground that he was not prepared to accept additional evidence at the revisional stage and also that the application for summoning the relevant file of the Collector had been put in at a belated time on the very day of the hearing. Thus, the petitioner then went up in further revision to the Financial Commissioner who in his order noticed as follows :