ANOOP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present petition, petitioners have questioned the validity of complaint No. 30/2012 dtd. 27/8/2012 filed by complaint-respondent no.2 and subsequent proceedings including summoning order dtd. 11/3/2013 passed by Sub Divisional Judicial Magistrate, Garhshankar (Annexures P/1 and P/2 respectively).

(2.) The grievance of the petitioners, complainant and others is relating to partition of certain lands. It was pending consideration before Tehsildar-cum-Assistant Collector Ist Grade (for short "ACIG"), Garshankar, District Hoshiarpur and it was decided on 30/11/2011 which was ex parte proceedings. Complainant and others have not been afforded opportunity. Thereafter, order dtd. 30/11/2011 was not released timely so 1 of 8 as to unable the respondent-complainant to approach next higher authority in questioning the order dtd. 30/11/2011. It was alleged that two orders were passed on 30/11/2011 while tampering certain things relating to sanad takseem (partition). Copy of the order dtd. 30/11/2011 is stated to have been prepared in favour of the petitioners and it was released belatedly on 14/3/2012. It was also alleged that ante-dating stamp papers dtd. 30/12/2011 is used in connivance with the petitioners etc.

(3.) Respondent No.2-complainant questioned the validity of order dtd. 30/11/2011 in CWP No. 16713 of 2012 and it was disposed of on 30/4/2013 with the observation that by mutual consent of the parties, the matter would be heard by Financial Commissioner. The Financial Commissioner remanded the matter to the Assistant Collector First Grade for fresh decision after affording due opportunity to all co-sharers vide order dtd. 29/8/2014. Thereafter, CWP No. 24409 of 2014 was preferred by the petitioners challenging the order dtd. 29/8/2014 passed by the Financial Commissioner. Said writ petition was allowed and order dtd. 29/8/2014 of Financial Commissioner was set aside vide order dtd. 29/10/2015. Thereafter, LPA No. 1785 of 2015 was preferred. Said LPA was allowed and order dtd. 29/8/2014 passed by Financial Commissioner was upheld vide order dtd. 17/2/2016 (Annexure P/24). LPA decision was subject matter of litigation before the Supreme Court, wherein LPA decision has been upheld on 8/12/2017 (Annexure P/25).