LAWS(P&H)-2016-9-246

SUKHJINDER SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB AND OTHERS

Decided On September 23, 2016
SUKHJINDER SINGH Appellant
V/S
Financial Commissioner, Punjab And Others Respondents

JUDGEMENT

(1.) Present writ petition is directed against the impugned order dated 26.5.2015 (Annexure P-4) passed by the Financial Commissioner (Revenue), Punjab, whereby order dated 19.2.2014 (Annexure P-3) passed by the Commissioner, Jalandhar Division, was upheld, setting aside the order dated 24.5.2011 (Annexure P-1) passed by the District Collector. Notice of motion was issued and in compliance thereof, written statement on behalf of respondent No.4 was filed. Petitioner has filed replication to the written statement by way of C.M. No. 11910 of 2016, which has been allowed.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner has emphatically denied both these allegations. In this regard, he rightly places reliance on Annexure P-5 written by Gram Panchayat of the village, pointing out that land measuring 21 kanal 8 marla out of khasra No. 4772 has been put to auction for lease for an amount of Rs. 63,500/-. This auction was conducted on 16.6.2016. It has been specifically stated by Gram Panchayat that petitioner was not in illegal encroachment on this piece of land bearing khasra No.4772 and it was respondent No.4 who moved a false application only to level baseless allegations against the petitioner, so that respondent No.4 may succeed in the case of Lambardar.