- (1.) Instant writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 11.05.2010 (Annexure P-5) passed by learned Financial Commissioner (Appeals), Punjab, Chandigarh, order dated 25.08.2009 (Annexure P-3) passed by the Commissioner, Ferozepur Division, Ferozepur and order dated 15.12.2006 (Annexure P-1) passed by Deputy Commissioner-cum-Chief Sales Commissioner, Moga cancelling the transfer of land measuring 67 kanals 18 marlas, situated in village Thuth Garh, Tehsil and District Moga.
(2.) In brief, facts relevant for disposal of the present petition are to the effect that predecessors-in-interest of the petitioners had been allegedly in possession of the disputed land measuring 67 kanals 18 marlas for long years and in the year 1979-80, their names were recorded in the cultivation column of the jamabadi. After the death of forefathers of the petitioners, names of petitioners came in the cultivation column. Since the petitioners were allegedly in long possession, they applied for allotment of the area under the policy dated 10.03.1994 of the Punjab Govt. with regard to disposal of surplus evacuee rural land in favour of the occupants. The petitioners moved application dated 02.06.1997 to the then Tehsildar (Sales), Zira for transferring the land in dispute in their favour as per the policy. After verification of the revenue records, petitioners were asked to deposit Rs.60,157/- in the Govt. treasury for the purpose of transfer of land. The petitioners deposited the said amount. Transfer was accorded by the Sales Commissioner, Zira on 17.04.1998 and conveyance deed dated 22.04.1998 was executed. Mutation No.1572 dated 24.04.1998 was sanctioned in favour of the petitioners and entry was made in the jamabandi. It is pleaded by the petitioners that land has been purchased by the petitioners under good faith and bona fidely on the basis of their long possession as per the policy dated 10.03.1994. However, Tehsildar, Sales, Zira made a suo motu reference dated 15.10.1999. In the said reference, it was specifically mentioned that Sukhdev Singh had purchased the land in question in the restricted auction taken place in the year 1966 and possession was given to him and complaint was also made by Sukhdev Singh on 20.09.2004 to the effect that land has been wrongly allotted in favour of the petitioners. On the basis of complaint dated 20.09.2004 and suo motu reference dated 15.10.1999 of Tehsildar, Sales, Zira, respondent no.4-Deputy Commissioner-cum-Chief Sales Commissioner, Moga passed the impugned order dated 15.12.2006 holding that land in question was purchased by respondent no.5-Sukhdev Singh in the restricted auction in the year 1966. Feeling aggrieved with the order dated 15.12.2006, the petitioners preferred revision petition under Section 10(4) of the Punjab Package Deal Properties (Disposal) Act, 1976 (in short 'the 1976 Act') before the Commissioner, Ferozepur Division, Ferozepur which has been dismissed vide impugned order dated 25.08.2009 (Annexure P-3). On being dissatisfied, the petitioners filed revision before respondent no.2-Financial Commissioner (Appeals), Punjab under Section 15(1) of 'the 1976 Act' challenging the order dated 25.08.2009 (Annexure P-3) which has also been dismissed vide impugned order dated 11.05.2010 (Annexure P-5). Hence, this writ petition.
(3.) Upon notice, respondents no.1 to 4 put in appearance and filed reply with the averments that respondent no.5-Sukhdev Singh had purchased surplus evacuee land belonging to the Central Government in an auction dated 09.03.1966 for a consideration of Rs.5,000/-. The amount was deposited by respondent no.5 and possession of the disputed land was delivered to him vide rapat roznamcha no.363 dated 24.08.1966. A suo motu reference was made by Superintendent (Legal) Rehabilitation Department, Jallandhar against Sukhdev Singh for cancellation of allotment of disputed land vide U.O. No.6152 dated 19.06.1981 and another reference was also made by the Superintendent (Legal) Rehabilitation Department, Mohali vide U.O. No.9024 dated 18.06.1984 in the same context. The said references were disposed of by the then Chief Sales Commissioner, Ferozepur vide orders dated 31.12.1982 (Annexure R-1) and 11.02.1985 (Annexure R-2) and it was held that disputed land was allotted as per the prevailing instructions and rules.;