NAWAL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India at the instance of Nawal is directed against the order of the Financial Commissioner, Development, who dismissed his petition for revision.

(2.) In review proceedings the Collector by his order of 17th of September, 1962, accepted the contention of the petitioner that a portion of his land was ghair mumkin and in the light of this finding it was found that out of the total area of 41 standard acres and 13-1/2, units owned by the landowner. 4 standard acres and 5-3/4 units should be declared as ghair mumkin, leaving the balance in his hand to be only 37 standard acres and 7-3-/41 units, 7 standard acres and 7-3/4 units being in excess of 30 standard acres was declared to be surplus by this order.

(3.) It is the case of the petitioner that as a result of Consolidation operations after the passing of the Collector's order his holdings has suffered a diminution and this should be reflected by revision of his permissible and surplus areas. The petitioner did not file any appeal to The Commissioner and a revision was filed, more than nine months after the Collector had passed the order, before the Financial Commissioner. The Financial Commissioner, in his order of 29th of October, 1963, which is sought to be impugned in these proceedings, observed that an opportunity was given to the petitioner to produce evidence regarding decrease in area following consolidation. Counsel has not been able to produce any such evidence on appearance today." In these circumstances, the revision petition of the petitioner was dismissed by the Financial Commissioner.