JAGDISH Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) THESE four writ petitions are filed to quash the orders dated 31.8.1981 of the Financial Commissioner and Chief Secretary to Government, Haryana Chandigarh in Review Application Nos. 2 of 1979-80, 3 of 1979-80, 4 of 1979-80, 5 of 1979-80 and 6 of 1979-80, reviewing the earlier orders passed by his predecessor on 22.12.1978.

(2.) THE petitioners are claiming as tenants of the big landowner Surja. The surplus area of the big landowner Surja was determined on 1.12.1961 under the provisions of the Punjab Security of Land Tenures Act, 1953. The said orders became final on 27.9.1963. Thereafter, the petitioners who are the tenants of the portions of the land belonging to the big land owner filed applications under Section 18 of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the 'Act') for purchase of the same. The said applications were allowed by the Assistant Collector on 17.5.1971. The big land-owner Surja filed appeal before the Collector who forwarded the same to the Commissioner who recommended to the Financial Commissioner for re-determination of the surplus area of the big land-owner and review of the order dated 27.9.1963. The Financial Commissioner by his order dated 28.10.1971 confirmed the order of the Assistant Collector permitting the tenants to purchase the land. It appears that after the orders of the Assistant Collector dated 17.5.1971, the tenants paid the sale consideration also in accordance with the rules. Thereafter the applications have been filed by the big land-owner to review the orders of the Financial Commissioner dated 22.12.1978. By the impugned order, the said applications for review were allowed by the Financial Commissioner on the ground that the tenants were not in possession of the land on 15.4.1963 and therefore, they have no right to purchase the land. To come to this conclusion, the Financial Commissioner relied on the decision of the Supreme Court in State of Punjab v. Amar Singh, 1974 PLJ SC 74. Aggrieved by the said order of the Financial Commissioner the tenants preferred the above writ petitions.

(3.) SECTION 8 of the Punjab Security of Land Tenures, 1953, gives a right to the tenants to purchase the land from the big landowner if they fulfil certain conditions. It reads as follows :