RUR SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Commissioner, Patiala Division, dated 22.5.1992 vide which he endorsed the order of Collector, Samrala dated 30.9.1987 and order of A.C.-I dated 13.7.1987 in partition proceedings relating to land measuring 86K 17M situated in village Gharkhana, Tehsil Samrala, District Ludhiana.

(2.) MALKIAT Singh son of Hazara Singh had filed an application for partition of the said land on 23.6.1981 before A.C.I, Samrala. Rur Singh, the present petitioner had objected to the lengthy passage being provided to his land as per original naqsha 'Bey', and has submitted that he should be given a passage along the 'rajbaha' bordering Khasra Nos. 15 and 16 of Rectangle 41. In revision the Finance Commissioner had set aside all orders of the subordinate courts regarding naqsha 'Bey' on 4.8.1987 and remanded the case to A.C.I with the direction that the objections and proposal of the petitioner in relation to the passage should be considered and decided.

(3.) NOT satisfied with this order, the petitioners have come in for revision. The grounds of revision are that the Assistant Collector has passed a non- speaking order in utter disregard of the directions of Financial Commissioner dated 4.8.1987. The path is not only zig-zag but is also through a deep pit and is not usable. Since the petitioners have already been provided a 'Khal' on West side of 41//15 and 16 the ideal location of the path would be along this 'Khal'. The petitioners even offered to compensate Surjit Singh for the same.