TIKKA HARBHAJAN SINGH Vs. HARIBACHAN SINGH

JUDGEMENT

(1.) This is a petition filed under Article 227 of the Constitution by Tikka Harbhajan Singh and Smt. Suraj Kaur, son and widow of Sardar Harcharan Singh, who have filed an appeal in the Court of the Financial Commissioner and when the appeal came before Mr. B.S. Grewal, I.C.S., the petitioners applied to him to transfer the appeal to one of the other Financial Commissioners.

(2.) It seems that the matter in dispute is the estate left by the late S. Harcharan Singh of whom Haribachan Singh respondent also claimed to be son and for reasons into which I do not think it is necessary for me to go, the petitioners regard Mr. B.S. Grewal, as biased against them. In the impugned order he observed that he would have had no objection to the hearing of the appeal by one of the other Financial Commissioners, but he had no power to transfer it.

(3.) I think the powers of superintendence conferred on this Court by Article 227 of the Constitution are wide enough to cover cases of this kind and in the circumstances I direct that the petitioners' appeal be heard by Mr. Saroop Krishan, I.C.S, Financial Commissioner.