AMRIK SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) THE present is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 16.10.1995, passed by the Commissioner (Appeals), Patiala Division, Patiala, in a case of partition of joint agricultural land.

(2.) THE brief facts of this case are, that, Amrik Singh etc., had moved an application dated 1.10.1991, before the Tehsildar-cum-A.C. 1st Grade, Malerkotla, for the separation of their share, from out of joint-land, measuring 999 Bighas and 3 Biswas, comprised in Khewats No. 53, 54, 55, 56 and 57, situate a village Lohar Majra, Tehsil Malerkotla, District Sangrur, as per the Jamabandi for the year 1988-89. With the various vicissitudes in this case, the A.C. 1st Grade, Malerkotla had approved the 'Naksha Bay', vide his order dated 4.2.1993, after preparing the same in accordance with the 'Mode of Partition', approved on 27.1.1992. Against the order dated 4.2.1993, Harmohinder Singh etc., had filed an appeal before the Collector, Sub-Division, Sunam, which was accepted and the case was remanded to the Tehsildar-cum-A.C. 1st Grade, Sunam, with a direction that, "after getting evidence from all the parties including the Gram Panchayat Lohar Majra, it should be decided if Gram Panchayat is also a necessary party and if it is so held, it should be impleaded as a party and partition proceedings started afresh". In compliance of this, the A.C. 1st Grade, Sunam, vide his order dated 30.8.1994, had concluded "from the above overwhelming evidence, I hold that Gram Panchayat Lohar Majra is also a necessary party in these partition proceedings. The applicants are accordingly directed to file an amended application for partition by impleading the Gram Panchayat Lohar Majra also as a party... ...". In his aforesaid order, the Assistant Collector, had also observed, "the ld. Collector Sub Division, Sunam also visited the spot on 21.1.1994 in presence of both the parties as also Gram Panchayat and found that Khasra Nos. min/4-8, 326m/3-15 and 325 min/3-0 were leased out by the Gram Panchayat every year on Chakota and even Khasra No. 326, Gram Panchayat has got installed an electric motor for irrigation purposes". Against the order passed by the A.C. 1st Grade, Sunam, without preferring any appeal before the Collector, the present petitioners, Amrik Singh etc., had filed the revision petition before the Commissioner, Patiala Division, Patiala, which was dismissed vide order dated 16.10.1995, passed by the Commissioner (Appeals), Patiala Division, Patiala. The present revision petition is directed against this order, and a prayer has been made, that, the order dated 16.10.1995, passed by the Commissioner (Appeals), Patiala Division, Patiala, and the order dated 30.8.1994, passed by the A.C. 1st Grade, Sunam, be set aside; and the Tehsildar-cum-A.C. 1st Grade, Malerkotla, be directed to finalise the partition proceedings expeditiously, in accordance with law by deleting the name of Gram Panchayat Lohar Majra, Tehsil Dhuri, District Sangrur.

(3.) IN view of the above, it is crystal clear beyond any iota of doubt, that, in this case, regarding partition of shamilat deh land the Gram Panchayat is a necessary party; and, the A.C. 1st Grade, Sunam had rightly ordered the impleading of the Gram Panchayat of Lohar Majra, as a necessary party in the partition proceedings, vide his order dated 30.8.1994, and the ld. Commissioner (Appeals), Patiala Division, had rightly dismissed the revision petition filed by the present petitioners, vide his order dated 16.10.1995. In view of this, the impugned orders, passed by the Revenue Officers below, do not suffer from any illegality or irregularity which may call for interference at the revisional stage, because both the orders are logical, well-based and speaking one.