DIWAN HIRA LAL KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the present writ petition, the petitioners have challenged the order dated 22.12.1998, Annexure P-8 passed by the Financial Commissioner, Haryana vide which the Financial Commissioner has dismissed the revision petition under Section 18(6) of the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as the Act) on the ground that the petitioners have filed the said revision petition before him after lapse of several years without giving any reason for not availing the remedies of filing appeal/revision before the Collector/Commissioner.

(2.) AFTER hearing the learned counsel for the petitioners and after perusing the record, we find no ground to interfere with the order dated 22.12.1998, Annexure P-8 passed by the Financial Commissioner, Haryana. While dismissing the petition, the learned Financial Commissioner, observed that the petitioners did not bother to file any appeal/revision before the Collector/Commissioner against the order dated 16.5.1985 etc. and without exhausting that channel they filed the present revision petition and that too in 1993. Furthermore. the Financial Commissioner while dismissing the revision petition also placed reliance on the judgment of Hon'ble Supreme Court in the case Loku Ram v. State of Haryana and others, 1999(1) PLJ 1 : 2000(1) RCR(Civil) 141 (SC). Relying on the said judgment of the Hon'ble Supreme Court, the Financial Commissioner held that he was not inclined to exercise the suo motu powers as provided under Section 18(6) of the Act in the present case, considering that the revision petition has been filed after several years and further considering that the petitioners have not availed the remedies of filing appeal/revision before the Collector/Commissioner. In Loku Ram's case (supra) it was held by the Hon'ble Supreme Court as under

(3.) IN view of the above, finding no merit in this writ petition, the same is dismissed in limine. Petition dismissed.