Public law writ petition challenging orders of ejectment against petitioners from agricultural land under the Punjab Security of Land Tenures Act, 1953, due to non-deposit of arrears of rent within the specified period.
None. Petitioners to be ejected as ordered by the authorities below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CWP No.5788 of 2016
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.5788 of 2016 (O&M) Date of decision: 05.05.2016
Abdul Karim (now deceased) through his legal heirs
....Petitioners
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH DHALIWAL
Present: - Ms. Amandeep Soni, Advocate, for the petitioners.
PARAMJEET SINGH DHALIWAL, J. (ORAL)
CM No.5215 of 2016
Allowed. Annexure P-11 to P-13 are taken on record subject to all just exceptions.
CWP No.5788 of 2016
Instant writ petition under Articles 226 and 227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari to quash the order dated 06.08.2015 (Annexure P-10) passed by Financial Commissioner (Appeals), Punjab, whereby revision petition filed by respondent No.5 against the order dated 15.01.2009 (Annexure P-9) passed by Commissioner, Jalandhar Division, Jalandhar, has been allowed and petitioners have been ordered to be ejected from the land in question.
RAVINDER SINGH 2016.05.09 11:16 I attest to the accuracy and authenticity of this document
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CWP No.5788 of 2016
I have heard learned counsel for the petitioners and perused the record.
Respondent No.5-landlord filed a petition for eviction of the petitioners from the land measuring 17 kanals 8 marlas situated within the revenue estate of Village Qadian Mughlan, Tehsil Batala, District Gurdaspur, in Form 'L' under Section 14-A(1) of the Punjab Security of Land Tenures Act, 1953 before the Assistant Collector Ist Grade, Batala, on the ground that petitioners have not paid the rent for kharif 1991 and rabi 1992. Assistant Collector Ist Grade, Batala vide order dated 23.05.2005 (Annexure P-5) allowed the ejectment petition filed by respondent No.5 and ordered ejectment of the petitioners from the land in question. The order of the Assistant Collector has been upheld by Financial Commissioner vide order dated 06.08.2015 (Annexure P-10). On an application moved by the father of the petitioners, vide order dated 11.09.1995 passed by by Assistant Collector 2nd Grade, Batala father of the petitioners was granted time of one month for deposit of the cess in respect of the crop grown from rabi 1991 to kharif 1994, and submit the copy of the challan before the Collector but the amount has not been deposited within time.
Learned counsel for the petitioners submits that the rent amount was deposited on 05.01.1996. The period for deposit of amount was never extended by the Court. The authorities below have rightly come to the conclusion that since the petitioners have not deposited the rent within the stipulated period, they are liable to be ejected from the
RAVINDER SINGH 2016.05.09 11:16 I attest to the accuracy and authenticity of this document
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CWP No.5788 of 2016
land in question. This is sufficient ground for eviction of the petitioners. No ground for interference in the impugned orders is made
out.
Dismissed
(Paramjeet Singh Dhaliwal) Judge
May 05, 2016 R.S.
RAVINDER SINGH 2016.05.09 11:16 I attest to the accuracy and authenticity of this document
3 issues framed by the court
Whether sufficient ground for eviction of petitioners from the land in question due to non-deposit of rent within stipulated period.
Whether the High Court should interfere with the orders passed by the Fin. Commissioner and Assistant Collector allowing ejectment.
Whether the revision petition filed by landlord against the earlier order be allowed resulting in ejection of petitioners.
1 provisions across 1 enactments
Abdul Karim (through his legal heirs)
State of Punjab
Paramjeet Singh Dhaliwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
