AMARJIT SINGH Vs. SHANGARA SINGH

JUDGEMENT

(1.) THE present is a reference u/s 16(3) of the Punjab Land Revenue Act, 1887, made by the Commissioner, Jalandhar Division, Jalandhar, as per his order dated 30.3.1994 recommending that the order dated 3.4.1992, passed by the Collector-cum-S.D.O. (C), Batala in a partition case, be either modified or reversed.

(2.) THE facts of this case are that, respondent No. 1 Shangara Singh made an application to the Tehsildar-cum-A.C. Ist Grade, Batala on 27.7.1987, for the separation of his 1/4th share, from out of the land measuring 179K-7M, situate at village Rai Chak, tehsil Batala as recorded in the Jamabandi for the year 1984-85. The details of the Khasra Nos. are given in the application for partition. The A.C. Ist Grade, Batala approved the mode of partition as per his order dated 21.5.1991, and further ordered the partition of land in accordance with the mode of partition, by preparing 'Naqsa Bay' as per his order dated 9.8.1991.

(3.) THE learned counsel for both the parties have been heard. After going through the facts and circumstances of the case and after thorough perusal of the record, I am of the view that the present petition has no merit and the same deserves to be rejected. The partition ordered by the A.C. Ist Grade, Batala, as per his order dated 9.8.1991, is in order; and an appeal filed by the petitioners against this order before the Collector, Batala, was on a very generalized grounds and no specific lacunae was pointed out in the grounds of appeal, which may go to show that the order of the A.C. Ist Grade suffered from any material irregularity or any illegality, which resulted in mis- carriage of justice. The Collector, Batala had rightly rejected the appeal of the petitioners, because it was without any merit.