- (1.) Being aggrieved against the action of the Financial Commissioner in rejecting the objections of the petitioner to reopen the surplus area case of land at the hands of the petitioner, he has approached this court through the present writ petition to challenge the said order dated 17.1.2008. While rejecting this prayer, the Financial Commissioner has upheld the orders passed by Collector as well as the Commissioner in this regard and accordingly the petitioner has made a challenge to the said orders as well.
(2.) The surplus area case of Kirpal Singh alias Pala Singh son of Gurmukh Singh, resident of Sher Mohammad Mahagir was decided on 24.10.1963 under the provisions of Punjab Security of Land Tenures Act, 1953 (for short "the Act"). Special Collector Agrarian, vide his order of even date, had declared land measuring 10 standard acres and 01 comprising Rect.No.8, Killa No.5/2, situated in village Mohammad Mahagir. It is alleged that the land declared surplus was not utilised during the life time of Pala Singh, who died in the year 1970. On 16.5.1973, the land was mutated on the name of legal heirs of Pala Singh, namely, Jagroop Singh (respondent No.5) and Surjit Singh. Surjit Singh also died and his share was inherited by respondent Nos.6 to 8. Mutation No.1254 was sanctioned in their favour on 16.11.1998 as is reflected in jamabandies for the year 1992-93 and 1997-98. The petitioner purchased land measuring 4 kanals 10 marlas comprised in Rect.No.8, Killa No.5/2 (4-10) vide registered sale deed dated 4.1.1999 from Gurdev Kaur widow of Surjeet Singh and Sandeep Singh son of Gamdoor Singh (respondent Nos.6 to 8).
(3.) On 17.10.2001, notice under Section 9(1) of the Punjab Land Reforms Act, 1972 was issued for vesting the land in favour of respondent No.4. The petitioner filed objections against this notice. Collector Agrarian rejected the objections filed by the petitioner and directed the respondents to deposit Rs. 1620/- for conferment of proprietory rights in the land under Section 9(1) of the Punjab Reforms Act vide his order dated 6.2.2006. The petitioner filed an appeal against this order before the Commissioner, Ferozepur Division, who rejected the same on 23.1.2007. Aggrieved against the same, the petitioner filed a revision before Financial Commissioner, who also dismissed the same on 17.1.2008 without even calling for the record and without issuing any notice to respondent Nos. 4 to 8. The petitioner accordingly has filed the present writ petition to impugn the said orders.;