SAHIB SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE petitioners and their predecessors-in- interest having failed before all the revenue authorities and their claim for partition having been rejected, they have approached this Court through the present writ petition under Article 226 of the Constitution. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) ON June 1, 1990, Ram Singh - the predecessor-in-interest of petitioner Nos. 1 to 5 and Ajaib Singh - the predecessor-in-interest of petitioner No. 6 filed an application for partition of land measuring 73 bighas before the Assistant Collector, 1st Class, Ambala. After detailed examination of the matter, the Assistant Collector found that the parties had carried out a private partition. It was reduced into writing on November 5, 1950. A copy of the order dated March 4, 1993 passed by the Assistant Collector has been produced as Annexure P.1. On the basis of this private partition, the consolidation authorities had allotted separate shares of land to the parties. In pursuance to the private partition and the consolidation proceedings, each of the parties had got possession separately. On these premises, it was held that the petition for partition was not maintainable.

(3.) IN response to the notice of motion, the respondent Nos. 5 to 13 have filed a written statement controverting the claim made by the petitioners.