UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners pray for issuance of writ of certiorari to quash order dated 19.9.2007 (Annexure P-10) passed by the Financial Commissioner Revenue, Punjab. Counsel for the petitioners submits that though the Financial Commissioner has accepted, the short fall in allotment to the petitioners but, surprisingly, thereafter, by a wrong process of reasoning and by ignoring the fact that shamlat land can no longer be allotted to the petitioners, held that short fall should be made good from panchayat land. It is further submitted that as short fall of the petitioners' land has been accepted, the respondents may be directed to make good the short fall.

(2.) Counsel for the State of Punjab fairly concedes that the Financial Commissioner has recorded a finding with respect to short fall in the petitioners' land but as the petitioners' share in shamlat has vested in the Gram Panchayat and it appears that the petitioners' claim has been satisfied, the matter may be remitted to the Financial Commissioner for considering the question of the petitioners' entitlement afresh, in accordance with law.

(3.) We have heard counsel for the parties and perused the impugned order.