MAM CHAND Vs. BANARSI

JUDGEMENT

(1.) This is a case of partition of joint Khata of agricultural land. The Assistant Collector 1st Grade, Bhiwani, vide his order dated 21st of June, 1991 held that question of title was involved and till such question is decided by the Civil Court, there was no justification for continuation of the partition proceedings and consigned the file to the Record Room. Against the said order Banarsi Dass filed appeal before the Additional District Judge, Bhiwani who vide impugned order dated 13th of February, 1992 accepted the appeal and set aside the order of the Assistant Collector Ist Grade and directed the Assistant Collector Ist Grade, to go ahead with the partition proceedings according to law. Aggrieved against the order of Additional District Judge, Bhiwani, Main Chand petitioner has filed the present revision petition.

(2.) The learned counsel for the parties were heard.

(3.) On behalf of the petitioner, it was mainly contended that since the order of the Assistant Collector 1st Grade was passed only under sub-section (1) of Section 117 of the Punjab Land Revenue Act (hereinafter referred to as 'the Act'), no appeal lies against such an order before the Court of Additional District Judge and as such the impugned order passed by the Additional District Judge, Bhiwani cannot be legally sustained, in view of lack of inherent jurisdiction of the said Court which dealt with the matter as an appellate Court. There is considerable merit in the contention raised by the learned counsel for the petitioner. No appeal lies against the order of the Assistant Collector Ist Grade passed in this case inasmuch as the said order was passed only under subsection (1) of Section 117 of the Act and not under any of the clauses of sub-section (2) of Section 117 of the Act. Appeal against the order of the Assistant Collector could only be filed before the Collector or other competent revenue authority and certainly not before the District Judge.