MAHANT LAKSHMI DHAR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE petitioner, now represented by his legal representatives prays for issuance of a writ in the nature of Certiorari for quashing the orders (Annexures P-5 and P-3) dated 31.5.1984 and 27.7.1983, passed by the Financial Commissioner and Additional Commissioner, respectively.

(2.) PROCEEDINGS under the Punjab Land Reforms Act, 1972 (hereinafter referred to as 'the Act') were initiated against the petitioner and an area measuring 18.2741 std. Hectares was declared surplus. Respondent No. 4, apparently an ejected tenant of another landowner, filed an application to the Collector for allotment of surplus area and also alleged that there was an error in calculation while determining the surplus area of the petitioner. The Collector, Agrarian, Dasuya examined the application but as he failed to discern any discrepancy or error in the surplus area order, dismissed the application on 11.11.1982. Respondent No. 4 filed an appeal before the Commissioner, Jalandhar Division, Jalandhar. The learned Commissioner took suo-moto cognizance and directed the Collector to examine the surplus area case of the petitioner in detail. The petitioner filed a revision, which was dismissed by the Financial Commissioner.

(3.) COUNSEL for the State of Punjab, on the other hand, submits that in case any error or illegality comes to the notice of a revenue officer, he would be obliged to take cognizance and/or refer it to the Financial Commissioner. The learned Commissioner took cognizance of an error in the surplus area order and directed the Collector to reconsider the matter. The Financial Commissioner upheld this order. As the impugned orders do not suffer from any error of jurisdiction or of law, the writ petition be dismissed.