- (1.) The challenge in this Writ Petition is to the order of the Financial Commissioner, passed on August 27, 1976 (Annexure P-3) with regard to the determination of surplus area of the petitioner under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as 'the Act'). The contention raised being that the Financial Commissioner had no jurisdiction to pass the impugned order.
(2.) The facts relevant to this matter are that the Collector, Kapurthala by his order of April 9, 1962 (Annexure P-1) declared some land belonging to the petitioner to be surplus under the relevant provisions of the Act. This order was challenged in appeal before the Commissioner, Jullundur Division. The Commissioner by his order of February 28, 1974 (Annexure P-2) parly accepted the appeal filed by the petitioner holding that the Collector was not justified in declaring 81 Standard Acres 4 3/4 Units attached to the Elysee Palace to be surplus as this land was exempted under Section 32-K of the Act. Similarly the area attached to Jagatjit Palace could not be taken into account as it had been acquired by the Government. The order of the Collector with regard to the declaration of the surplus area of the petitioner of his land in village Bhagwanpura was, however, upheld. It was against this order of the Commissioner that a revision petition was preferred by the State of Punjab which led to the passing of the impugned order (Annexure P-3) by the Financial Commissioner, whereby the order of the Commissioner (Annexure P-2) was set aside and the case was remanded to the prescribed authority, Kapurthala for fresh decision in accordance with law.
(3.) An objection was raised before the Financial Commissioner on behalf of the petitioner that the revision petition was not maintainable. This objection was, however, overruled, but it is pertinent to note without noticing the authorities or the arguments raised in support thereof.;