SHER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The present appeal under Clause X of the Letters Patent is directed against an order passed by the learned Single Judge of this Court on 17.09.2013, whereby the writ petition filed by the appellant-petitioner, challenging the order of the Financial Commissioner maintaining the cancellation of allotment of land to the petitioner, was dismissed.

(2.) Land measuring 8 Kanals 13 Marlas situated in revenue estate of Hodal was allotted to the appellant on 25.10.1999. Prior thereto, such land was allotted to Puran, predecessor-in-interest of respondent Nos.5 to 8, on 08.07.1964, but was re-allotted on 11.01.1977. Puran has deposited one installment of Rs.290/-. Respondent Nos.5 to 8 filed an application before the Sub Divisional Officer -cum- Prescribed Authority for cancellation of allotment made to Sher Singh the present appellant, which was allowed on 07.08.2007. Such order has been maintained by the Collector in its order dated 25.03.2008; by the Commissioner 03.11.2010 and by the Financial Commissioner on 12.09.2012.

(3.) A perusal of the record shows that the land was allotted to Puran, predecessor-in-interest of respondent Nos.5 to 8, on 08.07.1964 and also the fact that the jamabandies from the year 1966 to 1972 record the possession of Puran, but the Government by mistake reflected Puran as Gair Marusi and not as an allottee. After the commencement of the Haryana Ceiling on Land Holdings Act, 1972 (for short 'the Act') and after enforcement of Land Utilization Scheme, the disputed land was again allotted to Puran on 11.01.1977. But without cancellation of land allotted to Puran, the land has been allotted to the present appellant. In view of the fact that since the land stood allotted to Puran, the same was not available for allotment to the present appellant, therefore, the allotment in his favour was cancelled.