MANGE RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS is a petition by 8 persons under Articles 226 and 227 of the Constitution for quashing the orders dated 26. 7. 1995 and 4. 11. 1996 passed by the Commissioner and the Financial Commissioner respectively.

(2.) THE case, as put forward by the petitioners, is that the land measuring 40 kanals 16 Marias belonged to one Chotto Devi and it was under cultivation of her tenant Hargopal. The rate of rent paid by Hargopal to Chotto Devi was 1/2 Batai'. Chotto Devi died in the year 1988. Ownership of the land passed to the petitioners or their predecessor-in-interest under her registered will. Mutation of inheritance was sanctioned in favour of the petitioners.

(3.) THE petitioners' plea is that they had taken the possession of land on 12. 10. 1994, ejecting the private respondents from the land in pursuance of the orders of the Assistant Collector and the Collector. After the revision petition filed by the respondents, was allowed by the Financial Commissioner on 4. 11. 1996, they are likely to be dispossessed. The petitioners have, therefore, challenged the order of the Financial Commissioner with the plea that the latter wrongly took a different view in the matter.