LAXAMI NARAIN Vs. PARBHATI LAL

JUDGEMENT

(1.) THIS revision petition has been filed under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 29.11.2002 passed by the Commissioner, Gurgaon Division, Gurgaon vide which he has upheld the order dated 5.5.2000 passed by the Collector Sub-Division, Narnaul remanding the case to the Assistant Collector, Nangal Chaudhry with the directions to decide the partition of land in question after hearing both the sides.

(2.) THE arguments in this case were heard on 14.11.2005 and the judgment was reserved. The case is being decided through this final order.

(3.) THE ld. counsel for the petitioner argued that ex-parte proceedings were correctly initiated against the respondent as neither he himself nor his counsel appeared before the Assistant Collector on 2.4.1999. He further contended that the revenue Court is not competent to adjudicate the matter and competency to do so lies with the civil court as this stage when partition proceedings have already been completed and 'Sanad Takseem' has also been issued. The ld. counsel referred to the judgements reported in PLJ 1993 Vol. If Page 496, PLJ 1997 Vol. I page 546 and 2001 PLJ Vol. 1 Punjab and Haryana High Court in support of his contention. The ld. counsel further submitted that both the Collector as well as the Divisional Commissioner have failed to appreciate the above position of law and therefore, have grossly erred in passing the impugned orders. He requested that both the impugned orders passed by them may be set aside and the correct and just order passed by the Assistant Collector IInd Grade, Nangal Chaudhry may be upheld.