Controversial order recalled by divisional commissioner
Chandigarh, Aug. 25 -- A controversial 2023 order of the then Ambala divisional commissioner, Renu Phulia by which a 2003 stay order on the sale-purchase of land of various villages including Beed Firozadi in Panchkula, imposed by collector (agrarian), was revoked has been recalled by her successor, Sanjeev Verma. An IAS officer of 2003 batch, Renu Phulia retired from the service in November 2024.
Sale deed documents showed that Phulia's use of divisional commissioner's quasi-judicial powers to allow land transactions by revoking the 2003 stay order on the execution of sale deeds for the land in question, enabled her husband, Satyavir Singh Phulia, also a retired IAS officer and son Neelanchal to enter into a deal to buy 14 acres in Panchkula's Beed Firozadi.
The quasi-judicial order of September 13, 2023, was passed under Section 24 of the Punjab Security of Land Tenures Act, 1953.
The registration of the sale deed, though, was stalled after the financial commissioner, revenue (FCR) restrained all the registering officers in Panchkula from registering any type of transfer deeds forthwith to avoid litigation.
The high court on February 24, 2023, had directed the collector, Panchkula, to redetermine the surplus area as per law. "Due to pendency of surplus cases under the Haryana Security of Land Tenures Act, 1953 and Haryana Ceiling of Land Holdings Act and as per high court orders of February 24, 2023 it is not justifiable to register various transfer deeds under the Registration Act,'' the FCR said.
Recalling Phulia's order, the court of incumbent divisional commissioner, Sanjeev Verma said it was clear that then presiding officer (Renu Phulia) had personal interest in the matter and had already entered into an agreement to purchase the aforesaid land from the petitioners on June 20, 2023 whereas a petition was filed on August 28, 2023.
"The prospective vendees are husband and son of the then presiding officer which clearly proved malafide on her part in passing order dated September 13, 2023,'' said the August 19, 2025 order of the Ambala divisional commissioner on an application filed by the state government.
"Consequently, on recalling the September 13, 2023 order passed by this court, the mutation (number 148) is also ordered to be cancelled. If it has been incorporated in subsequent Jamabandi, then the entries be corrected by preparing fard badar in accordance with the law. In addition to mutation (number 148), if any other revenue entries have been changed, then the same be also cancelled," reads the August 2025 order
State government's counsel had contended that the then Ambala divisional commissioner, Renu Phulia was personally interested in the matter and an agreement in this regard was already executed by her husband Satyavir Singh and her son Neelanchal.
"The earnest money had been paid on June 20 and 22, 2023, December 1, 2023 and on February 5,12, 15, 25 and 26 in 2024. Further amount has been paid on March 1, 2024, March 27 and 28, 2024 on which date draft sale deed has been executed," the counsel said.
"From this fact it is clear that the agreement to sell had already taken place before passing of the September 13, 2023 order because the first payment had been made on June 20, 2023. The amount paid on the aforesaid date had come from the accounts of her relations. From these facts it is clear that the September 18, 2003 stay order was modified for her personal interest," the counsel contended.
The state also argued that the collector had passed a 2003 order to protect the status of the property which was being alienated by some mischievous persons to defeat the rights of the state.
It has been pleaded that on the basis of some illegal transactions, illegal documents were executed and revenue entries had been illegally altered.
Mutation (number 148) of village Beed Firozadi was sanctioned on March 20, 2024 on the strength of September 13, 2023 order, thereby creating multiplicity of litigation which is causing huge financial loss to state exchequer and creating rights to wrong persons to deceit various persons, the counsel contended.
The incumbent divisional commissioner in his order said that it is clear that the revision petition against September 18, 2003 order was filed on September 13, 2023 after a gap of 20 years and no sufficient cause was pleaded for such inordinate delay in filing the petition. "Since there's no specific order of condonation of delay, the revision petition should not have been heard. It is clear that the then presiding officer had personal interest in the matter and had already entered into an agreement to purchase the aforesaid land from the petitioners .. .'' the order said.
Verma's order said that in order to get the sale deed executed in their favour, a mutation (number 148) was sanctioned on March 20, 2024 in favour of petitioners.
"This mutation has also been sanctioned on the basis of the September 13, 2023 order. From the perusal of this mutation, it is also clear that it had been entered on March 19, 2024 on the basis of gift deed number 937/1 dated August 13, 2003," the order said.
"Thus, the mutation has been entered on the basis of a document which has been executed about 20 years ago and there is no explanation as to why the beneficiary of the said mutation had not applied between 2003 and 2024. The revenue officer should not have sanctioned the mutation even on account of the September 13, 2023 order of the then divisional commissioner,'' the order further said.
Verma said that as per Section 84 of the Punjab Tenancy Act read with Section 24 of Punjab Security of Land Tenure Act, no order can be passed in revision without any giving opportunity of hearing to the other party. Therefore, the September 13, 2023 order does not stand on legal footing.
As such, the same is ordered to be recalled and the revision petition filed by the petitioners bearing number 173 dated August 28, 2023 is ordered to be dismissed, the Ambala divisional commissioner wrote....
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