GURDEV SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) BY this writ petition, the petitioners have challenged the order of the Financial Commissioner (Appeals), Punjab accepting the recommendation of the Commissioner, Ferozepur Division, Ferozepur whereby he had recommended that the revision petition filed by the private respondents against the orders passed by the Assistant Collector Muktsar and the Collector, be allowed.

(2.) THE private respondents had sought partition of land measuring 16 kanals 17 marlas. The Assistant Collector Muktsar, vide his order dated 23.6.1983 held that the land was within the municipal limits of Muktsar town and 1/3rd of it was already under construction and, therefore, partition thereof would cause inconvenience. The Collector concurred with the view taken by the Assistant Collector.

(3.) THE sole argument of counsel for the petitioners, which had weighed with the revenue authorities, is that construction was already existing in the site which was within the municipal limits of Muktsar town.