- (1.) This judgment and order of mine will dispose of Civil Writ Nos. 3179. 3180 and 3181 of 1971, as similar questions of fact and law are involved in all these petitions.
(2.) In order to decide the controversy that has been raised before me by the learned counsel for the parties, it is necessary to recapitulate certain salient features which I am narrating from Writ No. 2179 of 1971 and are as follows :- Smt. Goran, who is petitioner in Civil Writ Nos. 3179 and 3180 of 1971 and Madan Singh who is petitioner in Civil Writ No. 3181 of 1971, filed applications against the tenants-private-respondents in all these petitions under Section 14-A(ii) of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act), on Form 'M' for the recovery of rent with respect to the crops mentioned in the said applications. The tenant-respondents evaded service of notice issued to them and accordingly a copy of the same was affixed by the process-server at their residence. The Assistant Collector IInd Grade before whom the applications under Section 14-A(ii) of the Act had been filed, proceeded ex parte against the tenants and passed an order of ejectment against the tenants-respondents in Civil Writ Nos. 3179 and 3181 of 1971 on 20th January, 1968 (copy Annexure 'A') and in Civil Writ No. 3180 of 1971, on the 20th November, 1967. Feeling aggrieved from the order of the Assistant Collector IInd Grade, the tenant-respondents filed three separate appeals before the Collector, respondent No. 2, who vide his order dated the 20th March, 1969 (copy Annexure 'B') rejected the same on merits as well as on the ground that the same were barred by time. Still dissatisfied, the tenant-respondents filed revision petitions before the Commissioner, Ambala Division, Ambala who vide his order dated the 30th December, 1969 (copy Annexure 'C') forwarded the record of the cases to the Financial Commissioner, Revenue, with the recommendation that he (Financial Commissioner) may remand the cases to the Collector, Sirsa, with a direction that he should hear these cases on merits. The recommendation made by the Commissioner was accepted by the Financial Commissioner, respondent No. 1 vide his order dated the 5th July, 1971 (copy Annexure 'D' to the petition) and the cases were remanded to the Assistant Collector 1st Grade, Dabwali, with the direction that he should give a fresh decision in the cases according to law. It is in these circumstances that the present three petitions have been filed calling in question the legality and propriety of the orders passed by the Financial Commissioner.
(3.) Written statement has been filed on behalf of respondent No. 4 in which it is averred that the impugned order passed by the Financial Commissioner is legal and just and that the same cannot be interfered with by this Court in the exercise of its writ jurisdiction.;