Hari Chand (Dead) by Lrs v. Financial Commissioner
2001-02-15
DORAISWAMY RAJU, V.N.KHARE
body2001
DigiLaw.ai
ORDER : 1. Leave granted. 2. The appellant herein was allotted a plot of land out of the surplus area in the hand of one Jatinder Singh under the provisions of Utilisation of Surplus Area Scheme, 1960. On the basis of certain complaint, the Financial Commissioner issued notice to the appellant herein to show cause as to why the allotment be not cancelled as he was not eligible for being allotted the said plot of land. The appellant took an objection that the Collector has no power to review as the said power of review was conferred on the Collector subsequent to the date of allotment. This plea of the appellant was rejected. Consequently, he filed a writ petition under Article 226 of the Constitution before the High Court of Punjab and Haryana, which was also dismissed. Letters Patent Appeal perferred also met with the same fate. By this appeal the appellant has challenged the validity of the said judgment. 3. It is not disputed that the Collector has not yet decided the matter one or other way. The case of the appellant has yet to be decided on merits. We, therefore, feel that the question whether the Collector has a jurisdiction to review the matter, is pre-mature. 4. We are, therefore, not inclined to entertain this argument. Consequently, the appeal fails and is accordingly dismissed, leaving the question of law open to be raised by the appellant. However, this order of ours will not come in the way of the appellant in any subsequent proceeding. There shall be no order as to costs.