BALDEV SINGH Vs. FINANCIAL COMMISSIONER HARYANA

JUDGEMENT

(1.) Baldev Singh petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India for quashing the orders dated 26-8-1997 (Annexure P-3) and 13-1-1999 (Annexure P-4) passed by the Commissioner, Ambala Division, Ambala and the Financial Commissioner, Haryana, respectively, vide which the matter in dispute which pertains to the partition of the agricultural land, was remanded to the Assistant Collector Ist Grade, Guhla for making partition afresh by giving proportionate share to all the co-sharers from the valuable land measuring 32 kanals which is situated on the south of Cheeka Pehowa road.

(2.) In the instant case, the partition proceedings were initiated by the petitioner and pro forma respondents by filing an application before the Assistant Collector Ist Grade, Guhla for partition of the agricultural land measuring 633 kanals 17 marlas situated in Village Cheeka, Tehsil Guhla, District Kaithal. In this land, the petitioner Baldev Singh is having 1/18th share. On the other hand, the contesting respondents are having 2/3rd share. According to the sanctioned mode of partition, the aforesaid land is to be separated in total 4 parts, according to the value, nature and possession of the land. When 'Naksha Be' was submitted by the Patwari for actual partition of the land according to the sanctioned mode of partition, the contesting respondents raised objections to the said proposed 'Naksha Be'. Their grouse was that it was prepared in connivance with the petitioner while ignoring the sanctioned mode of partition. According to the said 'Naksha Be', the land comprising in killa No. 8/1, 7, 13, 14 and 17 which is on the metalled road and is of much value, and which was in possession of the contesting respondents, was wrongly given to the petitioner. It was argued that in the mode of partition, it was mentioned that the land on the metalled road be given to the parties according to their share alongwith the tubewell and while doing so, the nature and possession of the land shall be taken into consideration. But the learned Assistant Collector Ist Grade, without properly appreciating the contention raised by the contesting respondents, rejected their objections and confirmed the aforesaid 'Naksha Be' vide his order dated 26-2-1997 (Annexure P-1). Against that order, the contesting respondents filed an appeal before the Collector, Guhla. The same was also dismissed by the Collector vide his order dated 21-5-1997 (Annexure P-2).

(3.) Against the said orders dated 26-2-1997 and 21-5-1997, the contesting respondents filed revision petition before the Commissioner, Ambala Division, Ambala. Vide order dated 26-8-1997 (Annexure P-3), the learned Commissioner accepted the said revision petition and set aside the aforesaid orders while holding that the land measuring 32 kanals comprising in the aforesaid killa numbers is situated on the south of the Cheeka Pehowa road and same is more valuable land; and the said entire land has been wrongly allotted to the petitioner and his brother totally in contravention of the sanctioned made of partition. It was further observed that the aforesaid valuable land should be equally distributed among all the co-sharers. With these observations, the learned Commissioner set aside the orders passed by the Assistant Collector Ist Grade as well as the Collector and remanded the matter to the Assistant Collector 1st Grade, Guhla to make partition afresh according to the observations made by him. The said order was confirmed by the Financial Commissioner, Haryana, vide order dated 13-1-1999 (Annexure P-4), on the revision petition filed by the petitioner. In the instant writ petition, the petitioner has impugned the aforesaid two orders dated 26-8-1997 and 13-1-1999.