RAMESHWAR SINGH MALIK, J. - (1.) Feeling aggrieved against the impugned appellate order dated 01.09.2016 (Annexure P-5) passed by learned Financial Commissioner, Punjab-respondent No.1, whereby appeal of the petitioner was dismissed, upholding the impugned order dated 26.10.2015 (Annexure P-3) passed by learned Commissioner, Jalandhar Division, Jalandhar, transferring the proceedings from the Court of Collector Agrarian, Hoshiarpur to the Court of Collector Agrarian, Kapurthala, petitioner has approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari, for quashing the impugned orders.
(2.) Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that there was no justification with the Commissioner, Jalandhar Division, Jalandhar to pass the impugned order dated 26.10.2015 (Annexure P-3), transferring the proceedings from the Court of Collector Agrarian, Hoshiarpur to the Court of Collector Agrarian, Kapurthala. The plea raised before him was wholly misplaced. He further submits that when the petitioner approached the Financial Commissioner against the above said order passed by Commissioner, Jalandhar Division, Jalandhar, Financial Commissioner also fell in serious error of law, while passing the impugned appellate order. He also submits that despite the fact that a time of more than one year has lapsed, after passing the impugned order dated 26.10.2015 (Annexure P-3) by Commissioner, Jalandhar Division, Jalandhar, petitioner has not received any notice from the Court of Collector Agrarian, Kapurthala so far and pendency of the proceedings is causing manifest injustice. He prays for setting aside the impugned orders, by allowing the present writ petition.
(3.) So far as the contentions raised by learned counsel for the petitioner about the impugned orders (Annexures P-3 and P-5) are concerned, the same have been duly considered, but found wholly misplaced and not worth acceptance. It is so said because learned Commissioner, Jalandhar Division, Jalandhar has passed the impugned order (Annexure P-3) rightly appreciating the bona fide apprehension raised before him, coupled with the fact that Collector Agrarian, Hoshiarpur gave his no objection for transfer of the proceedings from his Court to the Court of Collector Agrarian, Kapurthala. Similarly, learned Financial Commissioner was also well within his jurisdiction to pass the impugned appellate order, because the order (Annexure P-3) passed by learned Commissioner, Jalandhar Division, Jalandhar was not found suffering from any patent illegality or perversity. Having said that, this Court feels no hesitation to conclude that the impugned orders (Annexures P-3 and P-5) passed by Commissioner and Financial Commissioner respectively, deserve to be upheld.;