SHAM SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THOUGH the challenge in the writ petition is to the order of partition but the facts leading to partition are rather revealing. Respondents are accused of having manipulated an acquired land allotted to the petitioners in partition. This was done in a clandestine fashion, where the counsel also connived with party respondents. On coming to know of this fraud, the petitioners have challenged the same but apparently the revenue Courts have not been able to appreciate the case in proper perspective.

(2.) THE petitioners and private respondents are co-sharers in a land measuring 276 kanals 1 marla in Village Gheer, District Karnal. The abadi of village Chora used to be flooded and the State Government decided to shift the village abadi to some safe place. In the year 1981-82, the Government decided to acquire land in village Gheer for this purpose. 32 kanals 6 marla land comprised in rectangle No. 34, Killa Nos. 19, 20/2, 21/1/1, 22, Rect. No. 47, Killa No. 1, 2, 9, 10 and Rect. No. 46, Killa Nos. 5/2/2, 6 and 7/1/1 situated in Village Gheer, District Karnal, in the ownership of the petitioners and private respondents was, thus, acquired by the State Government. The compensation for the acquired land was deposited in the names of respective co-sharers.

(3.) IT is disclosed that though the partition application was filed on 5.2.1991 on behalf of Zile Singh but he had died on 5.1.1991. Shanti Devi, another applicant, had also died on 5.4.1993 but her legal representatives were not impleaded in the partition proceedings. It is alleged that the intention of the private respondents was to obtain an exparte order of partition against the petitioners stealthily and secretly. To substantiate the same, it is stated that the application was drafted by Sh.D.S.Mann, Advocate, Karnal on 19.12.1990 and filed before the Collector on 5.2.1991, after the death of Zile Singh without impleading his legal representatives. One Mahi Pal Singh, Advocate, who was working as junior to Sh.D.S.Mann was made to appear on behalf of the petitioners before Assistant Collector Ist Grade, who without any instructions from the petitioners, put in appearance on their behalf on 15.2.1991. It is also stated that no summons were issued by the Assistant Collector IInd Grade as none were found available on the record. On 8.3.1991, Mahi Pal, Advocate, appeared on behalf of the petitioners on his own. The case was adjourned to 14.3.1991 for filing written statement. In the written statement filed, entire claim of the respondents was conceded by admitting each and every para of the partition application. It is averred that power of attorney for Mahi Pal to appear on behalf of the petitioners is forged and fabricated one. The petitioners state that they have never engaged Mahi Pal Singh and did not sign or thumb marked any written statement or power of attorney. It is also disclosed that Mahi Pal belonged to the same village as that of the petitioners and is closely related to the private respondents. Even it is alleged that Halqa Patwari and Kanungo connived with the private respondents.