CHHAJJA SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) THIS revision petition has been directed against the order dated 22.8.2003 of Commissioner, Patiala, the order dated 21.1.2003 of Collector, Sub-Division, Ropar and as well as the order dated 21.5.2002 of Assistant Collector Ist Grade, Ropar under Section 16 of the Punjab Land Revenue Act.

(2.) FACTS of the petition in brief are that the respondent had filed an application for partition of his share out of the land in dispute. During the course of proceedings Naksha 'A' was approved. Subsequently, 'mode of partition' was also finalised in the presence of parties. When Naksha 'Y' and 'Z' were approved, the petitioner challenged that order before the Collector, who dismissed the appeal on 21.1.2003. The revision petition filed against that order was also dismissed by the Commissioner Appeals, Patiala on 22.8.2003. Hence the present revision petition.

(3.) I have gone through the file and also arguments placed on record. The main emphasis of counsel for the petitioner is that the partition has not been made in accordance with procedure as prescribed in the Punjab Land Record Manual. This has resulted in denial of opportunity to file appeal and as well as to file objections against Naksha Bay. In this regard, he has referred to judgment of this Court in which it has been held that merely be preparing Naksha 'Bay' and Sanad Taksim the partition proceedings did not become complete and therefore, the issuance of instrument of partition cannot result in denial of opportunity.