SMT GIANO SINCE DECEASED THROUGH LRS v. FINANCIAL COMMISSIONER HARYANA AND OTHERS
CWP/25570/2025 · 2026-07-20
Pankaj Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8146 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8146 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
PHHC011373482025
115
Smt. Giano since deceased through her LRs ...... Petitioners
Versus
Financial Commissioner Haryana & ors.
..... Respondents
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
***
Present :- Mr. A.K.Singal, Advocate for the petitioners.
Mr. Pankaj Mulwani, Sr. DAG, Haryana
***
PANKAJ JAIN, J. (ORAL)
The grievance of the petitioner is against the order dated 05.08.2025 (Annexure P-13) passed by Financial Commissioner, Haryana, Chandigarh. 2
Notice of motion. 3
On the asking of Court, Mr. Pankaj Mulwani, Sr. DAG, Haryana appears and accepts notice on behalf of the official respondents. 4
Revision petition has been dismissed upholding the order passed by the Commissioner, observing as under :-
“I have gone through the arguments putforth by Counsel for the parties and through the record available on file. A perusal of order dated 10.09.2021 passed by the Divisional Commissioner reveals that he has simply remanded the case to the Assistant Collector 1st Grade to make calculation of the land falling to the share of each of the parties as per
judgment and decree dated 17.02.1195 passed by the Civil Court as it POOJA SHARMA 2026.07.21 17:13 I attest to the accuracy and integrity of this document
PHHC011373482025
seems that there is dispute with regard to the calculation of the area as per share of each of the parties. The findings of the Divisional Commissioner does not prejudice the rights of the parties rather only re-verification of the calculation of the land strictly as per revenue record in terms of the judgment and decree dated 17.02.1995 passed by the Civil Court so as to avoid any doubt. The parties have been given liberty to the appear before the Assistant Collector 1st Grade at the time of calculation of land.”
5
Counsel for the petitioner has raised apprehension that the order may not be misconstrued by the Assistant Collector 1st Grade to infer that the decree passed in favour of the petitioner stands washed away. 6
Keeping in view the apprehension raised by the petitioner, the present writ petition is disposed off with the modification in the impugned
order that the Assistant Collector 1st Grade shall pass order pursuant to the remand order passed by the Commissioner after taking into consideration Civil Court decree dated 17.02.1995 (Annexure P-1) and order dated 03.09.2012 passed by this Court in CWP No.13465 of 2011. Necessary
order shall be passed within a period of 12 weeks from the date of receipt of a certified copy of this order. 7
Parties are directed to appear before the Assistant Collector 1st Grade on 24.08.2026. 8
Petition stands disposed off.
( PANKAJ JAIN ) 20.07.2026
JUDGE Pooja Sharma-I Whether speaking/reasoned:
Yes/No
Whether reportable:
Yes/No POOJA SHARMA 2026.07.21 17:13 I attest to the accuracy and integrity of this document