JATTU RAM Vs. FINANCIAL COMMISSIONER APPEALS

JUDGEMENT

(1.) This writ petition is filed challenging the orders of the Collector, Fazilka dated 29.10.1979 and the order of Additional Commissioner, Ferozepore, dated 30.4.1981 holding that the appeal filed by the petitioners against the orders of Assistant Collector 1st Grade, Fazilka was barred by time.

(2.) The Additional Collector passed an order on application for partition of land Under Sec. 111 of the Punjab Land Revenue Act on 28.9.1977. The Petitioner filed an application for the copies of the order and decree on 7.10.1977. Even before receiving the copy of the order he filed an appeal on 2.1.1978. After filing before the Collector, Fazilka, subsequently filed another appeal though he obtained the certified copy on 21.1.1978. According to the Collector, the filing of the copy on 25.5.1978 was beyond the period prescribed for filing the appeal namely 30 days from the date of order and ever if the time taken for obtaining the copy was excluded it was beyond time and, therefore, the appeal was barred by time. The said order was confirmed in revision by the Additional Commissioner, Ferozepur Division. The petitioner approached this Court aggrieved by the said orders.

(3.) There is no dispute that the order was passed by the Assistant Collector 1st Grade on 20.9.1977 and that an application for obtaining the copy of the same was made on 7.10.1977 but even before the obtaining the copy of the order, the petitioner filed an appeal on 2.1.1978. Thereafter on 25.5.1978 he filed the certified copy of the order against which the appeal was filed.