High Court of Punjab and HaryanaCWP/1491/2017disposed of

Baru Ram And Others v. Financial Commissioner, Haryana And Others

2017-01-27Mr. Justice Arun Monga2 pages

CWP No.1491 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1491 of 2017 Date of Decision.27.01.2017 Baru Ram and others .......Petitioners Vs The Financial Commissioner, Haryana and others ........Respondents

Present:

Mr. Rajeev Sharma (Raju), Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Learned counsel for the petitioners submits that they have filed the revision petition against the order dated 18.11.2016 (Annexure P-3) passed by the Commissioner vide which the impugned orders have been upheld and naksha bay has been issued. The revision petition is also accompanied by an application for stay (Annexure P-4) whereas the order of the Collector is being sought to be executed. He submits that after filing of the ROR, no court proceedings by the concerned Financial Commissioner has been held. Notice of motion.

Mr. Sandeep S. Mann, Sr. DAG, Haryana accepts notice for the respondents.

This Court has come across many cases where such type of RORs being filed with a plea that no orders are being passed and stay applications are also being kept pending. On the contrary, the orders under challenge are being executed.

This Court is being flooded with such type of writ petitions. PANKAJ KUMAR 2017.01.27 14:45 I attest to the accuracy and integrity of this document Once the Punjab Land Reforms Act vests the Financial Commissioner with

CWP No.1491 of 2017 -2power to entertain and try the revision petition, I am of the view that Chief Secretary, Haryana should look into the matter and ensure that one particular Financial Commissioner is dedicated to deal with the RORs and decide the same in accordance with law so that this Court is not necessarily burdened with a prayer of ad interim stay.

The writ petition stands disposed of with a direction to the Chief Secretary, Government of Haryana to look into the matter. However, in the peculiar facts and circumstances of the case, the Financial Commissioner is directed to decide the ROR bearing No.140 of 2016-17 and stay application within a period of three days i.e. before 31.01.2017 as the execution application is stated to be listed on the said date seeking the execution of the order passed by the Assistant Collector Grade-II. Mr. Sandeep S. Mann, Sr. DAG, Haryana has assured that the State Government will look into the matter and the RORs pending shall be taken up as expeditiously as possible.

(AMIT RAWAL) JUDGE January 27, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.01.27 14:45 I attest to the accuracy and integrity of this document