GURMEJ SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PETITIONERS have challenged orders passed by A.C. Ist Grade dated 14.3.2007, Collector dated 12.9.2008 and Financial Commissioner dated 6.10.2010; and have further prayed for restoration of the order passed by the Divisional Commissioner dated 3.11.2008. In brief, the petitioners and respondent No. 5 are the real brothers being the sons of Santa Singh. On 1.9.2006, respondent No. 5 filed an application under Section 111 of the Punjab Land Revenue Act, 1887 (for short 'the Act') for partition of land measuring 81 Kanals 15 Marlas situated in Village Ghot Kalan, Hadbast No. 558, Tehsil and District Gurdaspur, as shown in the jamabandi for the year 2004 -2005. During the pendency of this application, on 10.1.2007, the petitioners also filed an application for partition of land situated in Village Bhattian, Hadbast No. 559, District Gurdaspur titled as Dalip Singh Vs. Shangara Singh etc. on 10.1.2007. The A.C. Ist Grade, approved Naksha 'ARRA' for partition of land pertaining to Village Ghot Kalan vide his order dated 14.3.2008 and directed respondent No. 5 to get the Instrument of Partition prepared on a Stamp paper of Rs. 50/ - after the expiry of time to file appeal.

(2.) THE petitioners challenged the order of the AC Ist Grade, by way of statutory appeal, in which it has been argued that the petitioners had filed an application dated 25.1.2008 before the AC Ist Grade for consolidating/clubbing of both the partition applications of Village Ghot Kalan and Village Bhattian but no order has been passed by him in this regard. The Collector, vide his order dated 12.9.2008 dismissed the appeal while rejecting the argument of the petitioners with regard to clubbing of the two partition applications of Village Ghot Kalan and Village Bhattian, on the ground that there were different co -sharers in the said Khewat and thus, the applications cannot be clubbed together.

(3.) SINCE , respondent No. 5 was aggrieved against the order of the Divisional Commissioner, he preferred appeal before the Financial Commissioner which has been allowed on 6.10.2010 on the ground that the prayer for clubbing the land of separate Khewats in both the Villages has rightly been declined as the co -shares in both the partition applications are different.