DARSHAN SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) THIS is a petition u/s 16 of the Punjab Land Revenue Act, 1887 seeking to revise the order dated 29.11.1999 of the Commissioner (Appeals), Jalandhar Division, Jalandhar, the order dated 16.3.95 of the S.D.O. (C)-cum-Collector, Ajnala, and the order dated 14.6.1994 of the Tehsildar-cum-Assistant Collector Ist Grade, Ajnala, in proceedings for partition of land measuring 225 k 7 m situated in v. Vanike, tehsil Ajnala, district Amritsar.

(2.) THE petitioner raised a question of title at the earliest stage. He also raised the objection that the Gram Panchayat was a necessary party, and had not been impleaded. The Assistant Collector Ist Grade vide order dated 14.6.1994 rejected the objections. The Collector vide order dated 16.4.1995 dismissed the appeal and directed that the partition proceeding should continue. The Commissioner (Appeals) rejected the revision against the order of the Collector. Hence this petition.

(3.) THE land measures 303 k in all, and the applicants-respondents moved for partition of only 225 k 17 m. The Collector held that 76 k 4 m is is in occupation of the Hospital and Harijan abadi and, as such, was not available for partition. These figures are disputed by the petitioner. It would have been more appropriate if the Assistant Collector had been directed to give a clear finding on this issue, after spot inspection.