YASH PAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing order dated 24.02.2004 (Annexure P-11) passed by the Financial Commissioner (Cooperation), Punjab Chandigarh.

(2.) Brief facts of the case are that Yash Pal-petitioner filed an application for partition of land measuring 42 kanal 12 marla situated in the revenue limits of village Shahkot, Tehsil Shahkot, District Jalandhar. Private-respondents opposed the partition on the ground that question of title is involved, which is requried to be decided first. The Assistant Collector Ist Grade accepted the objection of the private respondents and dismissed the application for partition vide order dated 28.10.1997 with a direction to get the question of title settled from the civil Court. Aggrieved against the order of Assistant Collector Ist Grade, petitioner preferred appeal before the Collector, who accepted the appeal vide order dated 28.07.1998. Against the order of the Collector, Jasbir Singhrespondent No.2 filed an appeal before Addl. Commissioner (Appeals), Jalandhar Division, Jalandhar. The Commissioner vide order dated 23.10.2000 (Annexure P-6) dismissed the appeal and directed the parties to appear before the Assistant Collector Ist Grade for further proceedings in partition application. The order of Commissioner was challenged in revision before the Financial Commissioner (Cooperation), Punjab. The Financial Commissioner dismissed the revision vide order dated 25.08.2003 (Annexure P-7).

(3.) Respondent No.2 instead of challenging the order filed review application before the Financial Commissioner (Cooperation), Punjab, which has been accepted vide order dated 24.02.2004.