Dismissed

Harinder Paul Singh etc. v. F.C.Hry.Etc.

Punjab & Haryana HC11 Jan 2012CWP/2402/1988

Case brief

AI extract

What is this about?

This judgment disposes of an old writ petition challenging proceedings under the Punjab Security of Land Tenures Act. The court confirmed the Financial Commissioner's view that the matter could not be reviewed post-allotment and dismissed the petition. No representation was filed by the petitioner.

What did the court decide?

The impugned order of the Financial Commissioner is confirmed and the writ petition is dismissed.

Harinder Paul Singh etc. Vs F.C.Hry.Etc. — Land Acquisition | Punjab & Haryana HC (2012)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

Civil Writ Petition No.2402 of 1988 (O&M) Date of decision:11.01.2012

¶3

Harinder Paul Singh (deceased) through his LRs and others.

¶4

....Petitioners

¶5

versus

¶6

The Financial Commissioner, Haryana,Chandigarh, and others.

¶7

....Respondents

¶8

CORAM: HON’BLE MR. JUSTICE K. KANNAN

¶9

Present: None for the petitioners.

¶10

Mr. K.C.Bhatia, Additional Advocate General, Haryana, for respondents 1 to 3.

¶11

Mr. R.S.Chauhan, Advocate, for respondent No.4

¶12

Whether reporters of local papers may be allowed to see the judgment ? No.

¶13

¶14

To be referred to the reporters or not ? No.

¶15

Whether the judgment should be reported in the digest ? No.

¶16

----

¶17

K.Kannan, J. (Oral)

¶18

There is no representation for the etitioners. The counsel for the State and the allottee-4^th respondent are present in Court and they are ready. Since the writ petition is of the year, 1988 and the challenge is to the surplus area proceedings under the Punjab Security of Land Tenures Act which was finalized on 22.06.1962, I have proceeded to examine the case on merits with reference to the documents and on the basis of the submissions of the counsel for the respondents.

¶19

The facts elicited through the writ petition and as presented by the counsel for the respondents is that the Collector

¶20

Civil Writ Petition No.2402 of 1988 (O&M) - 2 -

¶21

(Agrarian), Karnal, declared the property in the hands of Shiv Charan to come within the purview of the Punjab Security of Land Tenures Act and the order was passed on 22.06.1962. On the coming into force of the Haryana Ceiling on Land Holdings Act of 1972, the property became vested in the State under Section 12 and the surplus land already declared, was assigned in favour of 4^th respondent. After the allotment was made on 31.01.1988, an application for review of the order passed by the Collector (Agrarian) on 22.06.1962 was filed before the Commissioner directly. The Commissioner had sought for a reference for a decision to the Financial Commissioner and the Financial Commissioner held that the landowner Shiv Charan himself had died on 13.07.1979, that is, subsequent to the allotment and the matter cannot be reviewed or reopened after the utilization of surplus property except in the manner provided under the relevant provisions of the scheme providing for utilization of surplus lands.

¶22

I cannot find any error in the view taken by the Financial Commissioner and an inference sought through the writ petition cannot survive any favourable consideration. The impugned order is confirmed and the writ petition is dismissed.

¶23

(K. KANNAN) JUDGE

¶24

11.01.2012 sanjeev

Harinder Paul Singh etc. v. F.C.Hry.Etc.

Case brief

What is this about?

What did the court decide?

Harinder Paul Singh etc. v. F.C.Hry.Etc.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mukhi Ram Vs Commissioner,Ambala Div.Etc.

Dalip Kaur Vs Punjab State through Financial Commissioner

O.P.Ohri Vs State of Pb.

Sain Dass & Ors. Vs F.C.(Appeals) Pb & Ors.

Rajinder Kaur Vs State of Punjab and Ors.

Nirmal Singh Vs State of Punjab and Ors.