BALBIR SINGH Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) THE present petition is directed against the order dated 19.9.2012 (Annexure P -7), passed by Financial Commissioner, upholding the order dated 15.5.2012, passed by the Commissioner, Gurgaon Division and the order dated 15.12.2011, passed by the District Collector, Palwal, whereby the ejectment order dated 13.6.2011 (Annexure P -4), passed by the Assistant Collector, 1st Grade, Palwal, was set aside and the case was remanded for deciding the matter afresh, keeping in view the order passed by this court. The brief facts of the case are that the petitioners are the land owners and respondent No. 2 is the tenant. This is the second round of litigation between them. In the first round of litigation, respondent No. 2 -tenant approached this court, vide CWP No. 9762 of 2007, which was disposed of vide order dated 12.12.2008, in terms of the order of even date passed in CWP No. 9032 of 2007 (Sukhram v. Financial Commissioner, Haryana and others). After discussing the facts of the case in detail and also in view of the provisions of law applicable thereof, particularly Section 14 -A(i) including proviso of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act'), a Division Bench of this court allowed the writ petition of the respondent -tenant.

(2.) EJECTMENT orders were set aside, as the same had been passed by the Assistant Collector, 1st Grade, Palwal, without calculating the arrears of rent, interest and cost, to enable the respondent -tenant to make a deposit thereof, within a stipulated period as provided under proviso to Section 14 -A(i) of the Act. The case was remanded back to the Assistant Collector, 1st Grade, Palwal, for redetermination of the controversy in terms of the observations made by the Division Bench, vide its order dated 12.12.2008 (Annexure P -2).

(3.) THE Assistant Collector, 1st Grade, Palwal, ordered the ejectment of the respondent -tenant, vide order dated 13.6.2011 (Annexure P -4). Respondent -tenant filed his appeal before the Collector, who accepted the same, vide order dated 15.12.2011 (Annexure P -5), remanding the case back to the Assistant Collector, 1st Grade, with a direction to decide the case afresh, keeping in view the directions issued by this court, vide above said order dated 12.12.2008 (Annexure P -2). The order of the District Collector was challenged in the appeal filed on behalf of the petitioners. However, the same was dismissed by the Commissioner, vide his order dated 15.5.2012 (Annexure P -6), thereby upholding the order of the District Collector.