THAKARDWARA BHAGWAN NARAIN JI Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS order will dispose of Civil Writ Petition No. 19981 of 2001, 1627, 2945 and 2997 of 2002 (Thakar Dwara Bhagwan Narain Ji, Pandori Mahantan & another v. The Financial Commissioner (Appeals-I), Punjab and others). Other writ petitions listed alongwith these petitions are Nos.15811 of 1999 (Fauju v. The Financial Commissioner (Relief and Resettlement), Punjab, Chandigarh and others) and 15812 of 1999 (Bachan Singh v. The Financial Commissioner (Relief and Resettlement), Punjab, Chandigarh and others). These have been filed by respondent-tenants, challenging the order of their ejectment. Four Writ Petition Nos.6911 and 6912 of 2002 (Lali v. The Financial Commissioner (Appeals-I), Punjab and others), 6913 and 6914 of 2002 (Harbans Singh and others v. The Financial Commissioner (Appeals-I), Punjab and others) are those through which the tenants have challenged the order directing recovery of rent. Writ Petitions No. 2671 of 1982, 2790 of 1983, 2789 of 1983, 1151 of 1985, 1082 of 1985 and 1083 of 1985 were filed by the tenants to challenge finding given by the Commissioner and Financial Commissioner holding that Thakar Dwara Bhagwan Narain Ji, Pandori Mahantan (hereinafter referred to as "Thakur Dwara") was not the owner, with further prayer to seek permission to purchase the land under the tenancy of the petitioner therein. These writ petitions were disposed of as infructuous on 22.1.2009.

(2.) THE facts are being taken from Civil Writ Petition No. 19981 of 2001. Thakur Dwara, in this and other similar writ petitions, seeks quashing of order dated 14.5.2001, Annexure P-6, passed by the Financial Commissioner (Appeals), Punjab, Chandigarh, who had set-aside the order passed by the Additional Commissioner (Appeal), Jalandhar, dated 27.2.1998 and that of the Collector, Gurdaspur dated 7.10.1991. It is pleaded that through this cryptic and non-speaking order, the applications for purchase filed by respondent Nos.2 to 19 stand illegally allowed. It is averred that Thakur Dwara is the owner of the land situated in Villages Sadana, Mahrajpur and Dakhla where respondent Nos.2 to 19 are the tenants, who are cultivating the land. Civil Writ Petition No. 2997 of 2002 is concerning the land situated in Village Bhagwanpura, where respondent Nos.2 to 5 in the said writ petition are tenants.

(3.) ON 31.12.1974, the land situated in Villages Bhagwanpura, Dakhla, Sadana Maharajpur, Jattowal etc. which was held to be of Thakar Dwara, was allotted to the respondents under the provisions of the Punjab Land Reforms Act (for short, "the Reforms Act"). This was allegedly done without following the proper procedure. Notices under Section 9(1) of the Act were issued to the Thakar Dwara for delivery of possession. Petitioner, Thakar Dwara, filed Civil Writ Petitions Nos.9 of 1975 and 148 of 1975 before this Court, challenging the action of Collector, Agrarian, in attaching the land and issuing notice under Section 9(1). These writ petitions were allowed on 26.3.1979 and the case was remanded to Collector, Agrarian, for a fresh decision. The possession of petitioner, Thakar Dwara, was protected vide this order. The Collector, Agrarian, then took up the matter and recorded a positive finding on the basis of evidence that actually Thakar Dwara was the owner of the land and not individual, Mahant Ram Dass. In his order dated 13.10.1980, the Collector further held that Thakar Dwara was a temple and so the provisions of Section 14 of the Act would apply. The notices issued to Thakar Dwara under Section 9(1) of the Act were accordingly cancelled.