GURDIAL KAUR Vs. FINANCIAL COMMISSIONER, PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside order dtd. 11/11/2024, passed by learned Single Bench, whereby CWP-15420-2024, filed by appellant/writ petitioner has been dismissed.

(2.) Brief facts necessary for adjudication of the matter are that appellant-writ petitioner filed CWP-15420-2024 for setting aside orders dtd. 16/8/1976 and 13/3/1978, passed by Collector, Agrarian, order dtd. 8/8/2016, passed by Commissioner, Jalandhar Division, Jalandhar and order dtd. 30/11/2021, passed by Financial Commissioner (Appeals), Punjab. It is pleaded in the writ petition that one Harnam Singh was a big landlord having ownership of about 416 Kanais of land in village Sohal Jagir, Tehsil and District Gurdaspur and 543 Kanais of land in village Pindri Sain, Tehsil and District Gurdaspur. Harnam Singh had three wives namely Anab Kaur, Iqbal Kaur and Gurpal Kaur. During his life time, Hamam Singh gifted entire land in favour of his three wives to the extent of l/3rd share each. Anab Kaur, mother of Gurdial Kaur received 138.66 Kanais of land in village Sohal Jagir and 176 Kanais in village Pindri Sain i.e. a total of 314.60 Kanais. This land was inherited by her only daughter Gurdial Kaur, who had two daughters namely Narinder Kaur and Mohinder Kaur.

(3.) Land in question was cultivated by Sukhchain Singh, husband of Narinder Kaur. Sukhchain Singh filed a civil suit in the year 1973 seeking a declaration that he was owner in possession of land as detailed, on the basis of an agreement dtd. 29/6/1965, executed by Gurdial Kaur. This suit was decreed. Land measuring 83 Kanais 5 Marlas, it is pleaded, was gifted to Sukhchain Singh in the year 1952 after his marriage. Gurdial Kaur filed a return in Form A under Rule 5 of the Punjab Land Reforms Rules, 1973, regarding her land in village Sohal and Pindri Sain. Said return was verified and Report dtd. 27/8/1976 was submitted by Circle Revenue Officer. Collector, Agrarian, Gurdaspur, vide order dtd. 16/8/1976, declared 90 Kanais of land in village Sohal and 61 Kanais 16 Marlas of land in village Pindri Sain to be surplus in the hands of Gurdial Kaur.