Rohin Kumar Sachdeva And Others v. State Of Punjab And Others


 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9421 of 2024 Date of Decision: 01.05.2024 Rohin Kumar Sachdeva and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Abhishek Singla, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab.

*** RAJESH BHARDWAJ, J. (ORAL) 1.

Present writ petition has been filed for setting aside the impugned order dated 21.02.2024 (Annexure P-7) passed by learned Financial Commissioner (Appeals), Punjab-respondent No.2 whereby revision/ROR No.544-2023 dated 01.05.2023 (Annexure P-5) titled as 'Rohin Kumar Sachdeva and others vs. Assistant Collector Grade-II & Others' has wrongly & illegally been dismissed in limine only on the ground of maintainability, against Section 16 of the Punjab Land Revenue Act, 1887. Further prayer has been made for directing the learned Assistant Collector Grade-II (Naib Tehsildar), respondent No.3 or learned Assistant Collector Grade-I, (Tehsildar), respondent No.4 to sanction mutation in favour of the petitioners on the basis of registered RITTU 2024.05.02 10:41 I attest to the accuracy and integrity of this document

CWP No.9421 of 2024 -2- 2024:PHHC:060044 sale deeds No.3249& 3248 both dated 01.11.2017 (Annexures P-1 & P2) in view of settled proposition of law to secure ends of justice. 2.

Mr. Lakhwinder Singh, Assistant Collector Grade-II, Moga is present in person in Court today.

3.

Learned counsel for the petitioners has handed over a copy of the petition along with the legal notice dated 11.04.2023 which is appended as Annexure P-3 to the officer, who is present in person in Court today.

4.

The Officer has submitted before this Court that though he has registered the sale deed as contended by learned counsel for the petitioners but there being the legal impediments, the mutation as prayed for by the petitioners could not be sanctioned. He has further submitted before this Court that the legal notice as issued by the petitioners would be decided by him expeditiously.

5.

Heard.

6.

In view of the above, the present petition is disposed of with a direction of respondent No.3 i.e. Assistant Collector Grade-II, Moga to decide the legal notice dated 11.04.2.023 issued by the petitioner by passing a speaking order as per law on or before 31.05.2024. (RAJESH BHARDWAJ) JUDGE 01.05.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.05.02 10:41 I attest to the accuracy and integrity of this document