HARPAL Vs. FINANCIAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) Through the present writ petition, the petitioner challenges order dated 18.12.2000 passed by the Financial Commissioner, Haryana (Annexure P-4), through which directions have been issued to the Prescribed Authority, Bhiwani to decide afresh the surplus area case of the petitioner by passing a speaking and reasoned order, especially after considering the applicability and validity of the adoption deed produced by the big land owner on the basis of which he had claimed an additional separate unit for his adopted son the petitioner.

(2.) Shorn of the unnecessary details, a few facts, which are relevant for deciding the present lis may be noticed. Siba Singh, who was a big land owner, made a declaration in Form-I on 11.08.1976 under the Haryana Ceiling of Land Holdings Act, 1972 (hereinafter referred to as the Act). Through this declaration, he claimed a primary unit for himself and one separate unit for his adopted son Harpal Singh the petitioner. In support of his declaration so made, he later filed his affidavit dated 07.12.1978 and a registered adoption deed dated 18.08.1978. The Prescribed Authority considered the declaration made by Siba Singh and through order dated 07.12.1978, accepted the grant of two units to him and as a result thereof, no land of his was declared to be surplus. The State of Haryana, through a revision petition filed in the year 1995, challenged the above order by invoking the revisionary powers of the Financial Commissioner under Section 18(6) of the Act. The ground of fraud having been played by the land owner was inter alia pleaded. The Financial Commissioner accepted the petition filed by the State of Haryana and vide order dated 19.01.1998, remanded the matter back to the Prescribed Authority for deciding afresh the surplus land area case of the big land owner. The order dated 19.01.1998 passed by the Financial Commissioner was challenged before this Court by the big land owner through C. W. P. No. 9447 of 1999 titled Shib Lal Singh vs. Financial Commissioner Haryana. After hearing both parties, a Division Bench of this Court, relying on the judgment of the Apex Court in Loku Ram v. State of Haryana, 1999 1 PunLJ 1, quashed the order dated 19.01.1998 passed by the Financial Commissioner and remanded the matter back to him to decide the matter afresh, by passing the following order :-

(3.) In pursuance to the above quoted order passed by this Court, through order dated 18.12.2000 (Annexure P-4), the Financial Commissioner, Haryana decided the matter afresh, by holding as under :-