M/S. CAPITAL BUILDERS Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner has assailed validity of order dated 15.05.2013 passed by the Financial Commissioner (Revenue), Haryana.

(2.) Brief facts of the case are that respondent no.7 filed an application for partition of land measuring 32 Kanals 07 Marlas, falling in the revenue estate of village Fazilpur Jharsa, Tehsil and District Gurgaon, under Section 111 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as the "Act") before the Assistant Collector 2nd Grade, Gurgaon. Respondent no.6 was proceeded against ex-parte on 12.12.2007 and the mode of partition was confirmed on 13.01.2008 after rejecting the objections of respondent no.6. Naksha Be was prepared on 22.01.2008 and 'Sanad Taqsim' was issued on 29.01.2008. The appeal preferred by respondent no.6 was dismissed by the Collector on 14.03.2011 on the ground that since the entire land has been acquired, therefore, there was no justification in continuing with the partition and revision filed before the Divisional Commissioner was also dismissed on 04.05.2011. It is pertinent to mention that respondent no.6 also filed a Civil Suit but it was later on withdrawn.

(3.) The case set up by respondent no.6 was that the Assistant Collector 2nd Grade has acted illegally in not effecting personal service upon him in terms of Section 20 of the Act and proceeded against him ex-parte on the basis of proclamation (Mustri Munadi). It is also his case that though the Financial Commissioner, vide her order dated 21.09.2011, stayed alienation of the land in dispute till the finalization of the proceedings pending before her, yet respondent no.7 sold the land in dispute to the petitioner herein.