RATTAN CHAND Vs. CHARAN DASS

JUDGEMENT

(1.) THIS is an application under Order 9 Rule 4 for restoration of revision petition No. 1008 of 2006 which was dismissed in default for non-appearance vide its order dated 20.4.07, which was filed by the petitioner under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 25.7.2006 passed by the Commissioner Jalandhar Division, Jalandhar.

(2.) THE brief facts of the case are that respondent Nos. 1 to 4 to filed an application for partition of land measuring 133 kanals 34 marlas situated in village Tundewal Tehsil Balachaur District Nawan Shahr. After due consideration, the A.C. 1st Grade Balachaur vide his order dated 25.7.2000 sanctioned the partition. Dissatisfied with this order, the petitioner filed an appeal before the SDM-cum-Collector, Balachaur District Nawan Shahr who after hearing both the parties, dismissed the same vide his order dated 26.2.2001. Feeling aggrieved by this order, the petitioner filed a revision petition where the Commissioner (Appeals), Jalandhar Division, Jalandhar who after hearing both the parties also dismissed the same vide his order dated 1.10.82. Against this order, the petitioner filed a revision petition before the then Ld. Financial Commissioner Cooperation Punjab who too after hearing both the parties dismissed the same vide his order dated 7.3.2004. Again against this order a review application was filed by the petitioner which was also dismissed by the Ld. Financial Commissioner Cooperation Punjab vide his order dated 22.3.2004. In between the respondent Charan Dass had also filed an application for partition before the Tehsildar-cum-A.C. 1st Grade Balachaur requesting for constructing of Kurrah in the land measuring 12 marlas, khasra No. 32/16/1. The A.C. 1st Grade Balachaur vide his order dated 29.5.2000 accepted the application of the present respondent Charan Dass. Against this order, the present petitioner filed an appeal before the SDM-cum-Collecltor Balachaur Distt. Nawan Shahr vide his order dated 27.5.05 dismissed the same, on the ground that his appeal has already been dismissed by the different Revenue Courts. Not satisfied with this order, the petitioner filed a revision petition before the Commissioner Jalandhar Division, Jalandhar who after hearing both the parties too dismissed the same vide his order dated 25.7.2006. Feeling aggrieved by this order, the petitioner has preferred the present petition before this court along with application for condonation of delay of 21 days in filing the petition.

(3.) THE counsel for the petitioner reiterated the same points as mentioned in the petition. Assailing the impugned orders passed by the lower courts, he argued that all the learned courts below failed to appreciate the material facts and other record properly. As the basic order dated 29.5.2000 passed by the A.C. Ist Grade Balachaur which has been further upheld by the upper courts, regarding the formation of Kurrah in favour of Charan Dass respondent No. 1, is without any merit, illegal, void and without jurisdiction. This order has been passed in a very hasty manner on the application of the respondent that was moved on the very same day. He contended that the land in question was not partitioned in accordance with sanctioned mode of partition. He argued that the A.C. 1st Grade passed the order dated 29.5.2000 without issuing any notice to the petitioner and without complying with the due procedure as per law. The A.C. 1st Grade Nawan Shahr sanctioned mode of partition of land in dispute, on 25.7.2000. As per the sanctioned mode of partition, possession of the land was to be kept intact and in case of any shortfall/deficiency, the order regarding partition was breaking upon the possession could be passed to fulfill the said gap. He argued that the Ld. lower courts below have failed to appreciate that facts while expressing their findings over the matter. On these grounds, he prayed that the impugned orders passed by the lower courts may be set aside and his petition be accepted.