HARDYAL SINGH Vs. FINANCIAL COMMISSIONER PUNJAB

JUDGEMENT

(1.) This order will dispose of CWP No. 6867 of 2018 and COCP No. 2366 of 2018 as the contempt petition arises out of this writ petition. CWP No. 6867 of 2018 Under challenge in this writ petition is the sanad takseem issued vide order dtd. 14/8/2013 as well as order dtd. 7/2/2018 passed by the Financial Commissioner dismissing the revision against the said sanad.

(2.) The petitioners are sons of Avtar Singh and co-sharer in Khewat No. 46/46 Khatauni No. 91 to 98 measuring 84 Bigha 14 Biswa situate in the revenue estate of village Jolliya, Sub Tehsil Bhawanigarh, District Sangrur. Respondent No. 3 filed an application dtd. 19/6/2012 for partition of the joint khewat. Mode of partition was approved vide order dtd. 19/3/2013 and the partition was finalized vide order dtd. 14/8/2013 resulting in issuance of sanad. As mentioned hereinabove, challenge thereto by way of ROR 1007 of 2016 has failed.

(3.) Additional relevant facts which may be noticed are that Avtar Singh (father of the petitioners) had also challenged the sanad by way of revision petition dtd. 9/12/2013. This was dismissed vide order dtd. 1/8/2016 on the ground that he had no locus to challenge the sanad as he had already sold his share in the joint khewat. Uncle of the petitioners namely Baljinder Singh son of Kishan Singh had also challenged the sanad but his revision petition was dismissed as withdrawn vide order dtd. 29/8/2016 as there was a settlement between the parties. The revision petition of the petitioners was filed on 12/12/2016.