JAGAT SINGH Vs. SAT PAL

JUDGEMENT

(1.) THIS shall dispose of Civil Writ Petitions No. 5820 and 5821 at 1997 as common question of law and facts is involved therein. For facility of reference, facts are taken from CWP No. 5821 of 1997.

(2.) IN this writ petition filed under Article 226 of the Constitution of India, prayer made is for issuance of writ of Certiorari quashing order dated 12.9.1996 passed by the Collector, Gurgaon, and also order dated 6.2.1997 passed by the Commissioner, Gurgaon Division, Gurgaon.

(3.) IN this writ petition, learned counsel appearing on behalf of petitioners has contended that order dated 6.6.1994 had become final as neither the petitioners nor respondents had filed appeal against the said order. He further contended that order of Assistant Collector dated 11.12.1995 was only a formal order to prepare Naqsha Be in accordance with the mode of partition decided on 6.6.1994 and was not appealable or revisable and so, the orders of the Collector and the Commissioner being without jurisdiction, deserve to be quashed. Against this, learned counsel appearing on behalf of respondents contended that order dated 6.4.1994 was not appealable inasmuch as earlier, the Assistant Collector I grade had been directed by the Financial Commissioner to proceed with the partition proceedings in accordance with the directions given by the Financial Commissioner, but the Assistant Collector had acted against the directions of the Financial Commissioner and therefore, revision petition was filed before the Collector, for a direction to the Assistant Collector to proceed with the partition proceedings in accordance with the directions of the Financial Commissioner. He further contended that some part of the land had been acquired but the Assistant Collector had not taken that into consideration.