KAPOOR SINGH Vs. GURBAX SINGH

JUDGEMENT

(1.) PRESENT case has been reported under Section 16 of the Punjab Land Revenue Act, 1887, by Shri N.S. Rattan, IAS, Commissioner (Appeals) Jalandhar Division, Jalandhar, with his opinion that the order of the Collector, Batala, dated 25.4.1984 and the order dated 15.6.1983 passed by the Tehsildar-cum-A.C. Ist Grade, Batala be set aside and the case be remanded to the A.C. Ist Grade, Batala, for giving full opportunity to the petitioner-Kapoor Singh and for finalising the mode of partition after deciding the objections which may be raised by the parties as per his reference dated 14.2.1985.

(2.) THE relevant facts of this case are that Gurbux Singh, Santokh and Kundan Singh had made an application to the Tehsildar-cum-A.C. Ist Grade, Batala on 23.9.1978, for the separation of their shares, from out of the joint-land measuring 184K-19M, situated at village Villa Bajju, Tehsil Batala and District Gurdaspur, as per Jamabandi for the year 1974-75. Thereafter, Gurbux Singh etc. moved an amended application dated 13.2.1980 for the partition of the said land. After various vicissitudes in this case, A.C. Ist Grade, Batala approved the mode of partition on 15.6.1983. Against this order, Kapoor Singh filed an appeal under Section 118(2) of the Act ibid before the Collector, Batala, which was dismissed by the Collector, Batala as per his order dated 25.4.1984. Against the Collector's order, Kapoor Singh filed a revision petition before the Commissioner (Appeals), Jalandhar Division, Jalandhar, as result of which, the present case has been reported with the recommendation that the orders of the Collector as well as A.C. Ist Grade, Batala be set aside and the case be remanded to the A.C. Ist Grade, Batala for deciding the mode of partition afresh, after deciding the objections which may be raised by the parties.

(3.) DURING the course of arguments before the Commissioner (Appeals), Jalandhar Division, it was contended on behalf of the petitioner-Kapoor Singh, that the mode of partition was sanctioned without giving any opportunity to make any statement or filing any objections, and it was referred to 1972 PLJ Page 404, where it was stated to have been held, that the mode of partition is a very important stage and all parties must be given full opportunity before finalising the mode of partition.