JAIPAL SINGH Vs. VEDPAL SINGH

JUDGEMENT

(1.) This revision petition has been filed under Section 15 of the Punjab Land Revenue Act 1887 for setting aside the orders dated 12.9.2000, 14.6.1995 and 11.8.1994 passed by the Commissioner Rohtak Division, Collector Sonipat and the Assistant Collector-IInd Grade, Sonipat respectively in partition of land case; and for remanding the case to the Assistant Collector for the de novo trial/decision.

(2.) The brief facts of the case are that on 13.11.1992 the respondent Ved Pal had moved an application before the Assistant Collector IInd Grade Sonipat for partition of 162 kanal 9 Marla land comprising in Khewat No. 522 situated in revenue estate Murthal Khas Tehsil District Sonipat. The respondents Jaipal etc. are stated to have been served through proclamation in the village who reportedly did not turn up and were proceeded against ex-parte. The partition proceedings were completed in due course and the file was ordered to be consigned to record on 24.8.1994. Prior to that the petitioners made an application on 11.8.1994 for setting aside the ex-parte order date 7.9.1993 and order dated 8.3.1994 passed by the Assistant Collector IInd Grade vide which Naqsha Bey had been approved. However, the application dated 11.8.1994 of the petitioners seeking for setting aside ex parte order, was declined by the Assistant Collector IInd Grade on that very day i.e. 11.8.1994. The petitioners Smt. Giano, Jai Pal Singh etc. preferred an appeal against this order before the Collector, Sonipat who dismissed it vide order dated 14.6.1995. Feeling aggrieved by this order, the petitioners filed a revision before the Commissioner, Rohtak Division who vide her order dated 12.9.2000 dismissed the revision finding no illegality or impropriety in the Assistant Collector's order as well as that of the Collector. Feeling aggrieved by the orders of the revenue courts below, the petitioners have now come up in revision for setting aside all the impugned orders of the courts below.

(3.) The counsel for the petitioners has stated that the respondent No. 1 (Ved Pal SIngh) had moved an application dated 13.11.1992 before the Assistant Collector IInd Grade, Sonipat for partition of 162 Kanal 9 Marla land. That the petitioners were never served with the notice of hearing on the partition application and exparte proceedings against them were started on 7.9.1993 and on 8.3.1994, Naqsha Bey was sanctioned and the case was sent for getting Naqsha Zeem. On 24.8.1994, the case was consigned to record room after preparation of instrument of partition. That the petitioners filed an application on 11.8.1994 for setting aside the exparte order dated 8.3.1994 vide which the Assistant Collector had sanctioned Naqsha Bey. This application was dismissed by the Assistant Collector IInd grade and appeal dated 15.9.1994 of the petitioners against these orders was also dismissed by the Collector vide order dated 14.6.1995. The Commissioner dismissed the revision of the petitioners vide order dated 12.9.2000.