BHUPINDERPAL KAUR Vs. THE FINANCIAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India for issuance of a writ of certiorari or any other appropriate writ, direction or order, quashing the orders of the Financial Commissioner, Revenue, Punjab and the Commissioner, Jullundur Division (Annexure D and C). It is not necessary, for reasons which will appear presently, to go into the detailed examination of facts of this case.

(2.) THE Petitioner, Shrimati Bhupinderpal Kaur, is the widow of S. Malkiat Singh. The contesting Respondent is Shrimati Mohinder Kaur, widow of S. Jagat Singh, who was the grandfather of Malkiat Singh. The dispute relates to the possession of agricultural land. The Petitioner had applied to the Sub -Division Officer, Abohar, for correction of the khasra girdawaris and the matter was made over to the Naib -Tehsildar, Abohar. The relevant khasra girdawaris were corrected by the Naib -Tehsildar, vide Annexure A. On this, a revision petition was filed before the Collector by Respondent No. 3 which was dismissed, -vide Annexure B. Shrimati Mohinder Kaur then filed a petition of revision before the Commissioner, Jullundur Division, where she contended that she had not been heard by the Naib -Tehsildar. The Commissioner made a recommendation to the Financial Commissioner, Revenue, that the order of the Naib -Tehsildar ought to be set aside and the case be remanded, -vide Annexure C. The Financial Commissioner, Revenue, heard the revision petition ex parte and passed the impugned order (Annexure B), agreeing with the recommendation of the Commissioner that material irregularities had been committed and that the matter should be' redecided after hearing the Petitioner and the Respondent. In the present writ petition, it was contended that the Financial Commissioner had acted without jurisdiction and that it was opposed to facts. It was prayed that the impugned order be quashed. It was also prayed that the proceedings before the Naib -Tehsildar (Respondent No. 5) be stayed pending the final disposal of the writ petition.

(3.) THERE is a note of the Advocate for the Petitioner "Refiled after compliance.