C.D. Cheema, F.C.
1. The applicant has filed an application dated 13.5.1996 for the transfer of his case titled as "Raj Pal versus Hans Raj" pending in the court of Sh. C.L. Bains., IAS, Financial Commissioner, Cooperation to some other court of competent jurisdiction.
2. Sh. Hans Raj, applicant, reiterated the grounds taken in his application and urged that he has got no faith in said Financial Commissioner and apprehends he will get no justice at the hands of Ld. Financial Commissioner. The applicant urged that the cited case be withdrawn from the court of Sh. C.L. Bains, IAS, Financial Commissioner, Cooperation and may be transferred to some other court of competent jurisdiction.
3. I have considered the application and have gone through the averments advanced by the applicant. Section 7(2) of Punjab Land Revenue Act, 1887 provides that where more Financial Commissioners than one have been appointed, the State Government may make rules as to the distribution of business under that Act or any other Act. The rules provide that appellate work under various revenue Laws is distributed amongst the Financial Commissioners in accordance with the order to be issued from time to time recorded by the Financial Commissioners jointly. In the past work was allocated amongst the Financial Commissioner by themselves with mutual consent. In due course of time practice developed for the territorial allocation of Revenue Judicial work amongst the Financial Commissioners by the Government through Financial Commissioner Revenue. The Financial Commissioners under the law have the same powers in respect of institution and disposal of the appellate cases falling under their territorial jurisdiction. In view of so many districts, creation of new districts and to make revenue judicial cases equitable amongst the Financial Commissioners the districts of Amritsar and Gurdaspur are allocated to Sh. C.L. Bains, IAS, Financial Commissioner, Cooperation vide order dated 30.1.1996. In view of the equal powers of all Financial Commissioners in respect of Revenue Judicial cases pending in their respective courts, no application is maintainable in the court of another Financial Commissioner for transfer of the case. The only remedy is by way of filing of a petition in this regard to the same Financial Commissioner for consideration for the transfer of case to the court of his other colleague or approach the higher court i.e. the Hon''ble High Court for relief. Under these circumstances the application of the applicant is hereby rejected.
