Boor Singh & Anr. vs Financial Commissioner, Haryana & Ors.

PANKAJ JAIN, J. (Oral)

This is an application for impleading LRs of petitioner No.1-Boor Singh, who is stated to have died during pendency of the appeal. LRs as mentioned in para No.2 of the application are impleaded as a party. Application is supported by affidavit. Counsel(s) opposite pleads no objection.

Consequently, the present application is allowed. Amended memo of parties is taken on record.

Present writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ for quashing of the order dated 04.12.2018 passed by Financial Commissioner, Haryana-respondent No.1 (Annexure P-1), order dated 08.01.2018 (Annexure P-2) passed by Commissioner of Hisar Division, order dated 28.07.2017 (Annexure P-3) passed by Collector and order dated 16.04.2015 (Annexure P-4) passed by Assistant Collector 1^st Grade Ellenabad.

The only argument raised by counsel for the petitioner is with respect to the defect in form ‘L’, mentioning that the application was not validly verified. He relies upon ratio of law laid down by this Court in CWP No.9251 of 1992 titled as ‘Ram Piari vs. Collector, Sub Division, Abohar’ decided on 21.09.1993.

In the considered opinion of this Court, the precedents cited by the counsel for the petitioner does not advance his cause. The Supreme Court in the case of New India Assurance Company Ltd. vs. Vijay Kumar and others (1989) 2 PLR 671, wherein the Supreme Court held that a meritorious claim cannot be defeated merely on technicalities, as the procedural law is handmade of justice and should not come in when parties are same.

Counsel for the petitioners failed to point out any perversity in findings of fact or any jurisdictional error in the impugned order apart from pointing towards defect in date of verification of application.

In the considered opinion of this Court, the defect in date of verification of application which is an prescribed printed form is not enough to dislodge concurrent findings recorded by revenue Courts below. Reference can be made to 1989(2) PLR 671, titled as ‘New India Assurance Co. Ltd. vs. Vijay Kumar and others.

In view thereof, finding no merits in the present writ the petition. The same is ordered to be dismissed.