HARSH BUNGER J. (Oral)

1 Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 16.01.2020 (Annexure P-8) passed by learned Assistant Collector 1st Grade, Sri Anandpur Sahib; order dated 03.12.2020 (Annexure P-10) passed by learned Collector, Rupnagar and order dated 06.05.2025 (Annexure P-12) passed by learned Financial Commissioner, Punjab.

2. Briefly respondents No.4 to 6 herein filed an application in Form-L under Section 14(A)(1) of the Punjab Security of Land Tenures Act, 1953, seeking eviction of the petitioners from the land in question measuring 03 kanal - 02 marla comprised in khewat No.43/41, khasra No.2//18/1(03K-02M) situated at village Barari, Tehsil Sri Anandpur Sahib, District Rupnagar, Punjab (as per jamabandi for the year 2015-16), on the following grounds:-

(i) That the heirs of the original Gair Marusi Budhu son of Gainda are not paying rent continuously to the petitioners without any reason.

(ii) That the aforesaid respondents have not paid the rent for the 6 crops i.e. from Sauni 2016 to Haari 2018 and this rent is pending towards them.

(iii) That the tenants are not ploughing and sowing the disputed land properly without any reason, as is ploughing and sowing in the area.

(iv) That the tenants are using this land carelessly, due to which they have not allowed this land to remain cultivable.

3. The present petitioners as well as the proforma respondents appeared in the aforesaid eviction proceedings and contested the same by filing their joint reply, inter alia, on the plea that the petitioners were regularly paying the Batai Nisf (half of the produce) to the respondents No.4 to 6 and prior to them, their predecessor-in-interest was paying the batai regularly, however, they did not issue any receipt to the petitioners. Another plea was taken by the petitioners that earlier the land was uneven and the petitioners have incurred lakhs of rupees in making the land fertile, therefore, it was prayed that respondents No.4 to 6 be directed to pay the aforesaid expenditures to the petitioners.

4. Respondents No.4 to 6 submitted their rejoinder to the reply submitted by the petitioners and the matter was fixed for evidence of the respondents No.4 to 6 herein, wherein they examined respondent No.4 (Pankaj Joshi) as AW-1; Sh.Surdarshan Kumar as AW-2 and one Sh. Deepak Rai as AW-3.

5. It transpires that learned Assistant Collector 1st Grade, Anandpur Sahib, upon consideration of the matter, vide order dated 16.01.2020 (Annexure P-8), ordered eviction of the petitioners from the land in question.

5.1 Feeling aggrieved against the order dated 16.01.2020 (Annexure P-8), the petitioners preferred an appeal before the learned Collector, Rupnagar, which was dismissed vide order dated 03.12.2020 (Annexure P-10).

5.2 Still aggrieved, petitioners preferred a revision before the learned Financial Commissioner, Punjab, which was also dismissed vide order dated 06.05.2025 (Annexure P-12),

6. In the aforementioned circumstances, present writ petition has been filed before this Court, for seeking relief(s), as noticed hereinabove.

7. Learned counsel appearing for the petitioners submits that the authorities below have erred in law and facts in passing the impugned orders on the following grounds:-

(i) That the authorities below have not considered the fact that the petitioners are also the co-owners of the land in question to the extent of 01 kanal – 19 marla, however, even then the eviction order has been passed in respect of total 03 kanal - 02 marla area.

(ii) That the learned Assistant Collector, has not afforded any opportunity to the petitioners to lead their evidence.

(iii) That the petitioners have given the entire rent/Batai Nisf (half of the produce) to the private respondents, however it is the private respondents who did not issue any receipt to the petitioners. It is contended that the petitioners have been regularly paying the Batai Nisf (half of the produce) to t