RATTAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Present writ petition is directed against the order dated 2.6.2016 (Annexure P-43) passed by the Financial Commissioner, whereby the order passed by the Commissioner was upheld and the appeal filed by the petitioner was dismissed, directing the Assistant Collector, Ist Grade to proceed further with the partition proceedings, as the civil suit filed by the petitioner already stands dismissed.

(2.) Heard learned counsel for the petitioner.

(3.) It has gone undisputed before this court that the learned Assistant Collector, Ist Grade, vide his order dated 14.10.2010 (Annexure P-22), adjourned the partition proceedings sine-die to await the decision of the civil court, as the petitioner has filed a suit for declaration. That order passed by the Assistant Collector, Ist Grade was upheld by the Collector, Anandpur Sahib, vide order dated 4.5.2011 (Annexure P-33). When the matter was pending before the Commissioner against the above said orders passed by the Assistant Collector, Ist Grade as well as by the Collector, civil suit filed by the petitioner came to be dismissed. Under those changed circumstances, Commissioner, Roop Nagar Division, Roop Nagar, vide his impugned order dated 29.4.2016 (Annexure P-41), remanded the matter to the Assistant Collector, Ist Grade, Anandpur Sahib, directing him to proceed further with the partition proceedings and conclude the same as per law, while keeping in view the decision of the civil court.