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2012 Supreme(P&H) 158

PARAMJEET SINGH
Jeeta Ram – Appellant
Versus
Financial Commissioner, Haryana – Respondent


Advocates:
For the Petitioner:Mr. D.S. Bali, Senior Advocate with Ms. Neha Mann, Advocate.

JUDGMENT

Mr. Paramjeet Singh, J.: - The instant writ petition has been filed by the petitioner for quashing of the order dated 04.04.2011 (Annexure P-6) passed by the Financial Commissioner whereby, the order dated 30.01.2007 (Annexure P-5) passed by the Commissioner and order dated 12.12.2001 (Annexure P-4) passed by the District Collector have been affirmed.

2. The brief facts of the case are that Ram Kishan Dhawan-respondent No.5 filed an application under Section 14-A(1) of the Punjab Security of Land Tenures Act 1953 (hereinafter referred to as “the Act of 1953”) on the ground that he is owner of the land measuring 22 kanals 01 marla situated in the Village Churni Tehsil and District Karnal and the predecessors of the petitioner i.e. Rulia Ram were cultivating the said land on batai and they have not paid the arrears of rent from Kharif 1986 to Rabi 1996 without any justification. The Assistant Collector 1st Grade, after hearing the parties, came to the conclusion that there is no entry of 1/3rd batai, but entry is of possession as Gair Marusi and dismissed the application of respondent No.5 vide order dated 27.07.2011 (Annexure P- 3). Respondent No.5 through his attorney pref







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