GULZAR CHAND Vs. FINANCIAL COMMISSIONER
LAWS(P&H)-2011-3-139
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 22,2011

GULZAR CHAND Appellant
VERSUS
FINANCIAL COMMISSIONER, REVENUE, PUNJAB Respondents

JUDGEMENT

AJAI LAMBA, J. - (1.) IT seems that the petitioner showed himself to be belonging to Scheduled Castes category and, therefore, was given land in restricted auction held on 27.10.1976. A complaint was made against the petitioner by one Chhinda Masih to the effect that the Scheduled Castes' Certificate, on the strength of which, the petitioner was allotted land, was issued on account of misrepresented facts, was forged and fabricated and, therefore, the petitioner did not belong to that category and was not entitled to even join the auction proceedings.
(2.) VIDE order 1.1.2002 (Annexure P-26), Sub Divisional Magistrate, Gurdaspur, conveyed to the petitioner that the Scheduled Castes' Certificate issued in favour of the petitioner is cancelled, on the basis of an inquiry conducted by Tehsildar, Gurdaspur. Admittedly, the petitioner was not joined in the inquiry. Even the language of order (Annexure P-26) indicates that the petitioner was not joined in the inquiry proceedings. Be that as it may, as a consequence of passing of order (Annexure P-26), Chief Sales Commissioner, Gurdaspur cancelled the transfer of land in favour of the petitioner vide order dated 23.12.2004 (Annexure P-3). The petitioner went up in appeal. Vide order dated 14.3.2006 (Annexure P-2), the appeal has been dismissed by the Commissioner, Jalandhar Division, Jalandhar. The revision of the petitioner has also been dismissed vide order dated 20.5.2008 (Annexure P-1) by the Financial Commissioner. By way of this petition, the petitioner challenges orders (Annexures P-26, P-3, P-2 and P-1), to which reference has been made above.
(3.) SURELY, if civil consequences were to follow, the petitioner was required to be given notice before cancelling the Scheduled Castes' Certificate issued in favour of the petitioner.;


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