SUKHDEV SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) FACTS giving rise to the litigation out of which the present writ petition has arisen are not in dispute and lie in a narrow compass.

(2.) AS per jamabandi for the year 1977-78 Rajinder Singh and Devinder Singh were joint owners in equal shares of land measuring 179 Kanals 19 Marlas in village Janal Tehsil Sunam district Sangrur. Devinder Singh sold 16 Kanals out of his share to Sukhdev Singh petitioner by sale deed dated 29.5.1980. Thereafter he sold out of his share through his Attorney Gurinder Singh another parcel of land measuring 33 Kanals 1 Marla to the petitioner on 11.6.1981. This Sale deed was entered at Serial No. 1270 in the register of the Document Writer though it was registered on 23.6.1981. On the same day i.e. on 11.6.1981. Gurinder Singh Attorney of Devinder Singh also sold 24 Kanals of land to Smt. Gurdev Kaur respondent No. 12. This sale deed was entered at Serial No. 1272 in the register of the Document Writer and was registered on the same day. On 23.12.1982 Rajinder Singh moved an application before the Assistant Collector Ist Grade, Sunam requesting for separation of his half share out of the joint land measuring 179 Kanals 19 Marlas. Surkhdev Singh petitioner and Smt. Gurdev Kaur respondent No. 12 to whom Devinder Singh had sold his land were impleaded as parties. The Assistant Collector Ist Grade, Sunam approved the mode of partition by his order dated 20.9.1984 and thereafter Naksha Be was proposed on the basis of the approved mode of partition and objections invited from the parties. Sukhdev Singh petitioner raised an objection stating inter alia that he had purchased 49 Kanals 1 Marlas of land from Devinder Singh but only 34 Kanals 6 Marlas had been allotted to him by the revenue staff which was less than the land purchased by him. He produced copies of the sale deeds dated 29.5.1980 and 11.6.1981 in support of his plea. The objections raised by the petitioner were rejected and Naksha Be was approved by the Assistant Collector on 25.7.1986. Feeling aggrieved by this order, Sukhdev Singh filed an appeal before the Sub Divisional Collector, Sunam which was rejected on 15.12.1986. He also filed a revision petition against the Collector's order and the same was rejected by the Commissioner (Appeals), Patiala by order dated 17.9.1992. Thereafter, the matter was taken in revision before the Financial Commissioner, Punjab who too dismissed the same on 28.5.1997. It is against these orders that the present writ petition has been filed.

(3.) IN the result, the writ petition is allowed, the impugned orders passed by the revenue authorities set aside and the case remanded to the Assistant Collector Ist Grade, Sunam to dispose of the application filed by Rajinder Singh in accordance with law and in the light of the observations made herein above. Parties will bear their own costs. Petition allowed.