Mehinder Singh Sullar, J. - (1.) CONCISELY , the relevant facts, which require to be noticed for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, are that land measuring 1.09 hectares of big landowner Shiv Chand son of Molu (Respondent No. 3) was declared surplus by the prescribed authority, by virtue of order dated 29.6.1976. The appeal filed by him was dismissed in default on 24.10.1977. So much so, the application for its restoration was also dismissed on 29.6.1981 by the Commissioner, Patiala Division (Respondent No. 2). The revision filed by the Petitioner was dismissed as well, by the Financial Commissioner (Appeals) (Respondent No. 1), by way of order dated 3.8.1982 (Annexure P1). The surplus land of the big landowner was stated to have been allotted to the Petitioner.
(2.) IT is not a matter of dispute that the subsequent appeal filed by Respondent No. 3 was treated as revision petition and the Commissioner sent the reference and recommended to Financial Commissioner (Respondent No. 1) to order de novo hearing of the case by the Collector, Agrarian as miscarriage of justice had taken place, by means of reference order dated 14.9.1988 (Annexure P4). The Petitioner moved an application under Order 1 Rule 10 Code of Civil Procedure and he was allowed to be impleaded as Respondent No. 2. The Financial Commissioner (Respondent No. 1) examined the matter in a right perspective, accepted the reference of the Commissioner (Respondent No. 2) and remanded the case back for its fresh decision on merits by the Collector, Agrarian, by virtue of impugned order dated 12.8.1992 (Annexure P5). The Petitioner did not feel satisfied and preferred the instant writ petition, challenging the impugned order (Annexure P5), invoking the provisions of Articles 226 and 227 of the Constitution of India. That is how, I am seized of the matter.
(3.) HAVING heard the learned Counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the instant writ petition in this respect.;