Rameshwar Singh Malik, J. - (1.) Feeling aggrieved against the order dated 15.06.1991 (Annexure P- 3) passed by the Financial Commissioner, Haryana, whereby he set aside the order dated 26.06.1980 (Annexure P-1) passed by the Prescribed Authority, Sirsa, declaring the petitioner-Balraj Singh as small land owner, petitioner has filed the instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of certiorari, for quashing the impugned order.
(2.) Writ petition was admitted and operation of the impugned order (Annexure P-3) was stayed by a Division Bench of this Court, vide order dated 19.04.1993. Written statement on behalf of the respondents has been filed.
(3.) Heard learned counsel for the parties. It is a matter of record that petitioner claimed himself to be major on the appointed date i.e. 24.01.1971 and claimed a primary unit for himself, during the proceedings, whereby land was sought to be declared surplus in the hands of his father Sh. Chanda Singh. Contention raised on behalf of the petitioner was accepted by the Prescribed Authority vide its order dated 26.06.1980. He was granted the benefit claimed by him. However, said order dated 26.06.1980 was set aside by the Financial Commissioner vide impugned order dated 15.06.1991 (Annexure P-3), exercising his suo motu powers under Section 18(6) of the Haryana Ceiling and Land Holdings Act, 1972. It was this order which came to be challenged before this Court, by way of present writ petition.;