SAMPURAN SINGH Vs. FINANCIAL COMMISSIONER (APPEALS) PUNJAB

JUDGEMENT

(1.) The petitioner has challenged order dtd. 9/5/2019 passed by the Financial Commissioner (Appeals) whereby his revision filed under Sec. 16 of the Punjab Land Revenue Act, 1887 has been dismissed. Challenge was laid on the ground that the Sanad did not cater for a rasta to the land of the petitioner and, thus, he was unable to access the same.

(2.) The learned Financial Commissioner has recorded that the petitioner did not appear despite service and obviously did not file any objections to the mode of partition or to the various nakshas and, thus, his revision petition was not maintainable.

(3.) Learned counsel for the petitioner has argued that even if the petitioner did not appear despite service, he could not be deprived of a rasta to his land. Further, the land of the rasta was in the possession of the petitioner and the mode of partition provides that possession was to be respected and accordingly the mode of partition has been violated by the Sanad.I have seen the site plan Annexure P-2 with the assistance of learned counsel for the petitioner. Killa No.25/2 shaded in green colour has been provided to the petitioner but a small strip of the land on the left side of the said killa number has been given to the private respondents. This small strip of land is alleged to be the rasta, denial of which, has allegedly deprived the petitioner of access to his land. The contention is misconceived because the petitioner has access to killa no.25/2 through the strip of land below it and the remaining land can be accessed through killa No.25/2.