AMRIT KAUR Vs. RESHAM SINGH

JUDGEMENT

(1.) The petitioner is aggrieved by the orders dated August 9, 1979, November 21, 1980 and August 19, 1982 passed by the Collector, the Commissioner and the Financial Commissioner respectively. A few facts which are admitted by the counsel for the parties may be briefly noticed.

(2.) The petitioner is a small landowner. She alongwith her mother and sisters moved an application in Form K-1 for the ejectment of Resham Singh from land measuring 9 kanals 19 marlas situated in village Basti Mithu, Jalandhar. Vide order dated December 10, 1970, the Assistant Collector, 1st Grade, Jalandhar ordered the ejectment of Resham Singh but ordered that "this order willbe executed when Resham Singh is re-settled on an alternate land in the surplus pool by the Circle Revenue Officer." The petitioner claims that in execution of this order, respondent Resham Singh (whose legal representatives were impleaded vide order dated December 14, 1992) was actually dispossessed from the land. Thereafter, the respondent filed "various civil suits" questioning his dispossession but failed. Ultimately, he approached the Assistant Collector, 1st Grade for restoration of possession. Initially, the Assistant Collector ordered the restoration of possession in favour of respondent No. 1 but on appeal, the order was set aside and the case was remanded for fresh decision. Vide order dated May 15,1973, a copy of which has been produced on record as Annexure P-1, the Assistant Collector rejected the application for restoration filed by Resham Singh. Aggrieved by this order, respondent No. 1 filed an appeal before the Collector. Vide order dated August 9, 1979 (copy at Annexure P-2), the Collector accepted the appeal and ordered the restoration of possession of the land to Resham Singh. The petitioner alongwith her sisters filed an appeal before the Commissioner. It was dismissed vide order dated November 21, 1980. The revision petition filed by the petitioner was dismissed by the Financial Commissioner vide order dated August 19, 1982, a copy of which has been place on record as Annexure P-4. Aggrieved by this order, the petitioner has approached this Court through the present writ petition.

(3.) Another fact which may be noticed here is that on January 19, 1993, the petitioner moved an application viz. C.M. No. 668 of 1993 stating inter alia 711 that "the husband of the petitioner visited the office of the Collector Agrarian and was informed that Resham Singh, respondent had already been allotted 31 kanals 5 marlas of land vide order dated March 3, 1964." It was further averred that an application had been made by Resham Singh on March 8, 1989 to the Sub Divisional Officer (Civil) praying that the price of the land allotted to him vide order dated March 3, 1964 may be assessed so as to enable him to pay it. on the basis of these averments, it was prayed that the petitioner may be allowed to place on record the order of allotment passed on March 3, 1964 and the application dated March 8, 1989 filed by respondent No. 1. This application was allowed.