BADRI NATH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The dispute relates to partition of land measuring 201 kanals 1 marla, Hadbast No.201 situated in Village Masit, Tehsil and District Gurdaspur. On an application filed by the petitioner, seeking partition of this land, notice was issued to the respondents. As per the petitioner, the respondents chose not to appear. Reference is even made to munadi report to show that service was effected by way of substitute service as well. Copy of this is annexed with the petition as Annexure P-1. The Assistant Collector Ist Grade sanctioned the mode of partition on 21.3.2002. Thereafter, he passed the final order of partition on 30.5.2002. The order of partition statedly became final and was also executed. Though, the counsel for private respondents has joined issue in this regard and states that only sanad is issued and the partition is yet to be executed.

(2.) Respondent Nos.3 to 5 filed an appeal against the order before the Collector, who dismissed the same. Thereafter the respondents filed a revision before the Commissioner, who also dismissed the revision on 27.1.2004. The respondents then approached the Financial Commissioner, who has interfered and has remanded the case for fresh adjudication.

(3.) The petitioner would plead that the respondents have given the same address as was given in the initial partition application in their revision petition etc., where the service was effected on them. Despite this, the Financial Commissioner has chosen to interfere in the impugned order of partition by holding that name of the petitioner was not given correctly and accordingly he was proceeded exparte illegally. It is observed that the respondents were not provided due opportunity of being heard. The Financial Commissioner accepted the revision petition and remanded the case back to Assistant Collector Ist Grade for fresh decision after providing due opportunity of hearing to the parties. The petitioner accordingly has filed the present petition to challenge the order passed by the Financial Commissioner.