JEET SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This appeal has been preferred against the order of the learned Single Judge dated 25.4.2003 whereby the writ petition was dismissed, challenging order dated 21.10.1997 passed by the Financial Commissioner, Appeals-II, Punjab, thereby orders dated 1.10.1991 and 23.6.1992 passed by the Collector, Rajpura and the Commissioner, Patiala Division, Patiala, respectively, were set aside and the matter was remanded to the Assistant Collector, Ist Grade, Rajpura for finalizing the partition proceedings denovo.

(2.) Brief facts of the case are that respondents No. 19 to 23 filed an application on 14.1.1988 under Section 111 of the Punjab Land Revenue Act, 1887 for partition of the land measuring 25 Bighas 10 Biswas, claiming to be co-sharers in the said land. Vide order dated 8.7.1988, the Assistant Collector Ist Grade allowed the aforesaid application. The aforesaid order was challenged by filing an appeal. Vide order dated 31.7.1989, the said appeal was allowed and the matter was remanded to the Assistant Collector, Ist Grade with the direction to consider their claim regarding private partition. Thereafter on 21.2.1990, the Assistant Collector, Ist Grade came to the conclusion that there was no private partition between the parties and on 22.5.1990, the order regarding mode of partition was passed by him. Consequently the land was partitioned and the Naksha Be was prepared and submitted by the Patwari to the Assistant Collector, Ist Grade. Respondents No. 19 to 23 raised certain objections against the aforesaid Naksha Be. After considering the aforesaid objections, the Assistant Collector, Ist Grade dismissed the objections vide order dated 3.8.1990. No appeal was filed against the aforesaid order. Rather the aforesaid respondents moved an application for withdrawal of their partition application. The said application filed by respondents No. 19 to 23 was dismissed by the Assistant Collector, Ist Grade, vide order dated 24.9.1990 (Annexure P-7) on the grounds that the application was filed belatedly; no appeal was filed by them against the order of mode of partition; and lastly, that the application for withdrawal has been filed on frivolous ground to harass the other party. The aforesaid order was challenged by respondents No. 19 to 23 by filing an appeal. The appeal was accepted vide order dated 28.2.1991 and the matter was remanded to the Assistant Collector, Ist Grade, Rajpura for deciding the withdrawal application by making thorough investigation into the claim made by them.

(3.) Again vide order dated 10.7.1991 (Annexure P-10), the Assistant Collector, Ist Grade dismissed the said application. The respondents again filed an appeal against the aforesaid order before the Collector. The Collector vide order dated 1.10.1991 dismissed the appeal filed by respondents No. 19 to 23. The aforesaid respondents filed a revision against the order dated 1.10.1991 passed by the Collector. The said revision petition was also dismissed vide order dated 23.6.1992 passed by the Commissioner. Respondents No. 19 to 23 preferred a second revision against the orders passed by the Collector and the Commissioner, before the Financial Commissioner, Appeals-II, Punjab, which was allowed vide order dated 21.10.1997 and the orders passed by the Collector and the Commissioner were set aside and the matter was remanded to the Assistant Collector, Ist Grade, Rajpura for denovo partition. The aforesaid order was challenged by filing the writ petition.