SANTOSH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS order shall dispose of three writ petitions bearing C.W.P. Nos. 17880, 17887 & 17943 of 2013 as the facts and issues involved therein are identical. However, the facts are extracted from C.W.P. No. 17880 of 2013. As per the case set up by the petitioner, respondent Nos. 5 and 6 filed an application for partition on 06.02.2008 of the land comprised in Khewat No. 299, Khata No. 304, Rectangle No. 17, Killa No. 9/1/1(2 -0), 9/2 (2 -17), 10(3 -0), total measuring 7 Kanals 17 Marlas, situated within the revenue state of village Ullawas, Tehsil Sohna, District Gurgaon. Two more applications for partition of Khewat Nos. 212 and 213 were also filed by respondent Nos. 5 and 6, as the co -sharers in all these Khewats were same except in Khewat No. 213.

(2.) ACCORDING to the petitioner, the Assistant Collector, 1st Grade proposed the mode of partition on 16.07.2008 which was accepted on the same day. Naksha -Be was received on 30.07.2008 and the case was fixed for 06.08.2008 for filing objections, but the objections could not be filed and the case was adjourned to 13.08.2008. On 13.08.2008, predecessors -in -interest of the petitioner changed its counsel and the case was fixed for 19.08.2008 for spot inspection and it was directed that the objections to Naksha -Be be also given at the spot. On that date, spot inspection was carried out by the Assistant Collector, 1st Grade and the case was kept for 20.08.2008. The predecessor -in -interest of the petitioner filed objections and the case was adjourned to 27.08.2008 for consideration, on which date the Assistant Collector, 1st Grade dismissed the objections and the case was fixed for preparation of Naksha "Zeem'.

(3.) THE present petitioner came into picture after purchasing the share of M/s. Lala Sher Singh Memorial Trust after the order dated 08.11.2011 was passed by the Collector. The petitioner challenged the order of the Divisional Commissioner dated 07.06.2012 by way of revision which has been dismissed by the Financial Commissioner on 29.05.2013.