LAWS(P&H)-2005-5-33

BHAGWANA Vs. FINANCIAL COMMISSIONER HARYANA

Decided On May 11, 2005
BHAGWANA Appellant
V/S
FINANCIAL COMMISSIONER HARYANA Respondents

JUDGEMENT

(1.) PRAYER in the present writ petition filed by the petitioners under Articles 226/227 of the Constitution of India is for the issuance of a writ of certiorari, quashing the impugned orders dated 7.3.1990 and 6.1.1994 passed by the Commissioner, Gurgaon Division, Gurgaon and the Financial Commissioner, Haryana (Annexures P-9 and P-10 respectively).

(2.) THE petitioners initiated proceedings for partition, of the land in dispute. Respondent Nos. 3 to 6, preferred an application for being impleaded as a party, on the premise that they were shareholders, in the land in dispute. The petitioners opposed the application, contending that the question of title stood settled inter-parties against the respondents.

(3.) IN an appeal, filed by the petitioners, the Collector, Gurgaon vide order dated 30.5.1988, set aside the order of the Assistant Collector, and held that no question of title arose as it had already been adjudicated upon. Partition proceedings were directed to commence.