JAGIR SINGH Vs. FINANCIAL COMMISSIONER (APPEALS), PUNJAB

JUDGEMENT

(1.) We have heard the learned counsel for the parties. The learned Financial Commissioner has held in the order Annexure P-10 that a revision petition was not maintainable before him after the amendment made in Section 16(3) of the Punjab Land Revenue Act, 1887. We have considered the arguments advanced by the learned counsel. The amendment is reproduced hereunder :

(2.) As per sub-section (3) of Section 16 of the Act it is evident that if the Collector refers the matter to the Commissioner, it is only then that the order of the Commissioner would be final. The jurisdiction of the Financial Commissioner is, however, given by sub-section (4) of Section 16 of the Act. It is the conceded position, even otherwise, that the orders impugned before the Financial Commissioner were not referred to the Financial Commissioner by the Collector but were passed under the hierarchy created under the Act. The order Annexure P-10 cannot, therefore, be sustained. The writ petition is allowed, the order Annexure P-10 is quashed and the case is remitted to the learned Financial Commissioner for fresh decision. The parties are directed to appear before the said office on 7.3.2000. The parties shall meanwhile maintain status quo with regard to possession. Dasti order.