MAMAN Vs. THE FINANCIAL COMMISSIONER (R) AND ORS.

JUDGEMENT

(1.) INSTANT writ petition under Articles 226/227 of the Constitution of India has been filed for quashing the order dated 08.07.1993 (Annexure P -1) passed by Assistant Collector IInd Grade, Tosham, order dated 18.08.1993 (Annexure P -2) passed by Assistant Collector IInd Grade, Tosham, order dated 06.04.1994 (Annexure P -3) passed by Collector, Sub Division, Tosham, order dated 26.08.1994 (Annexure P -4) passed by Commissioner, Hisar Division, Camp Bhiwani, and order dated 13.02.1995 (Annexure P -6) passed by Financial Commissioner, Haryana.

(2.) BRIEF facts of the case are that on 08.04.1992 respondent No. 5 - Amar Singh filed an application for partition of land. The case was adjourned to 21.12.1992 and direction was issued to respondent No. 5, who was original applicant before the Assistant Collector IInd Grade, to furnish registered letter and correct addresses of the unserved respondents. However, the order was not complied with and the application was dismissed in default on 21.12.1992. On 01.01.1993 respondent No. 5 moved an application before the Assistant Collector IInd Grade for restoration of the application for partition. Notice in the application for restoration was issued for 05.05.1993. Thereafter upto 03.07.1993 no date was given in the case. Ultimately, on the statement of one Sukhdei d/o Banwari Lal, without effecting service upon other respondents, application for restoration of application for partition was allowed vide order dated 08.07.1993 (Annexure P -1) and other respondents were proceeded against ex parte. Petitioner filed an application dated 18.08.1993 for setting aside the order whereby application for partition was allowed, however, the same was dismissed on the same date by the Assistant Collector IInd Grade vide Annexure P -2) and 'nakhsa khe' was called. Against the order of the Assistant Collector IInd Grade, petitioner preferred an appeal before the Collector, which was dismissed vide order dated 06.04.1994 (Annexure P -3). Against the orders of the Assistant Collector IInd Grade and the Collector, petitioner filed revision petition before the Commissioner, which was dismissed vide order dated 26.08.1994 (Annexure P -4). Petitioner further preferred revision petition before the Financial Commissioner, which has also been dismissed vide order dated 13.02.1995 (Annexure P -6). Hence, this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.