SHANGARA SINGH Vs. SAMPURAN SINGH

JUDGEMENT

(1.) THE present case has been reported by the Commissioner (Appeals), Jalandhar Division, Jalandhar, under Section 16 of the Punjab Land Revenue Act, 1887, with her opinion that the present revision petition be accepted, the order dated 31.10.1988 passed by the Collector, Amritsar as well as the order dated 31.12.1986 passed by A.C.I.-cum-S.D.O. (Civil), Amritsar be set aside and the case be remanded to A.C.I., Amritsar for fresh decision, as per her reference dated 27.2.1991.

(2.) IN brief, the relevant facts are that respondent-Sampuran Singh etc. made an application dated 12.3.1986 to the Tehsildar-cum-A.C.I., Ajnala, District Amritsar for the separation of their shares from out of the joint-land measuring 1158 Kanals, situate at village Nizampura, Tehsil and District Amritsar as per the Jamabandi for the year 1979-80. The A.C.I., Ajnala initiated the necessary action on this application and thereafter, with the orders of District Collector, Amritsar this case was transferred from the court of the A.C.I. Ajnala to the court of A.C.I., Amritsar-Shri L.D. Hans, PCS. This partition was finalised as per order dated 31.12.1986 passed by the A.C.I., Amritsar. After the partition was completed, the A.C.I., Amritsar drew up the instrument of partition as required under Section 121 of the Act ibid and sanctioned the same as per his order dated 31.7.1987 and conveyed to the parties. Against the order of partition dated 31.12.1986, the petitioner Shingara Singh etc. filed an appeal before the Addl. Deputy Commissioner-Cum- Collector, Amritsar which was rejected as per Collector's order dated 31.10.1988. Aggrieved by this order, Shingara Singh etc. filed a revision petition before the Commissioner, Jalandhar Division, Jalandhar, as a result of which, the present case has been reported by the Commissioner (Appeals), Jalandhar division, Jalandhar with her recommendation that the revision petition be accepted and the impugned orders be set aside and the A.C.I., Amritsar be directed to decide the case afresh.

(3.) AS the partition has already become final, the instrument of partition dated 31.7.1987 needs to be enforced. In view of this the present reference/revision petition is rejected. Announced.