(1.) The present case has been reported by the Commissioner, Patiala Division, Patiala, under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 9-12-1993, passed by the Sub-Divisional Collector, Amloh, District Fatehgarh Sahib, in a case of partition of agricultural land, with his recommendation that the order passed by the A.C. Ist Grade, as well as, the order passed by the Sub-Divisional Collector, Amloh, be set aside, as per his reference dated 6-9-1994.
(2.) THE brief facts of this case are that Gurdev Singh had made an application to the A.C.Ist Grade-cum-Tehsildar, Amloh, on 29-9-1992, for separation of his share from out of the joint land, measuring 31 Kanals 0 Marlas comprised in (Matter in Punjabi language omitted) situate at village Bharpoorgarh, as per the Jamabandi for the year 1987-88. On this application, the respondents Manjit Singh etc. had raised objections, that, in the partition-application, the correct position had not been reflected; as some Khasra Nos., which stood mortgaged without possession with the Punjab Land Mortgage Bank, had not been indicated; and some Khasra Nos. from out of the joint-land, stood exchanged with some other Khasra Nos. and the same were also not indicated in the application. The A.C. Ist Grade, Amloh, vide his order dated 7-4-1993, had rejected these objections; and had decided to call for 'Naksa Alaf'. Against this order, Manjit Singh had filed an appeal before the Sub-Divisional Collector, Amloh, which was rejected, as per Collector's orders, dated 9-12- 1993. Still aggrieved by this order, Manjit Singh had filed a revision petition before the Commissioner, Patiala Division, Patiala, as a result of which, the present case has been reported.
(3.) AFTER careful consideration of the facts and circumstances of the case, I am of the view that, the present revision petition has a merit and the same deserves to be accepted, and the orders impugned in this case, need to be set aside.