GAJJAN SINGH Vs. FINANCIAL COMMISSIONER REVENUE, PUNJAB

JUDGEMENT

(1.) Copy of jamabandi for the year 2015-16 of village Sachander, Tehsil and District Amritsar, is taken on record as Annexure P-11, subject to all just exceptions. Application stands disposed of. Challenge in this writ petition is to the order dtd. 28/3/2018 (Annexure P-9) passed by the Financial Commissioner Revenue, Punjab, order dtd. 20/5/2015 (Annexure P-7) passed by the Commissioner, Jalandhar Division, Jalandhar, order dtd. 22/6/2011 (Annexure P-5) passed by the Sub Divisional Magistrate-cum-Collector, Amritsar-II and order dtd. 21/1/2011 (Annexure P-3) passed by the Tehsildar-cum-Assistant Collector 1st Grade, Amritsar-II, whereby, partition application preferred by respondent No. 5 has been accepted.

(2.) It is the contention of the learned counsel for the petitioners that service upon the petitioners has not been effected as per the provisions of the Punjab Land Revenue Act, 1887 and therefore, the order as passed by the Tehsildar-cum-Assistant Collector 1st Grade, Amritsar-II, dtd. 21/1/2011 (Annexure P-3), cannot sustain and similarly, subsequent orders passed by the upper revenue authorities. He contends that the family partition, on which, reliance has been placed upon is based upon a photocopy of the same, which is of the year 1992 and therefore, could not have been taken into consideration. He further contends that even if service had been duly effected but still the partition could not have been carried out as the land in question is substantially gair mumkin being built up area. Counsel, thus, contends that the impugned orders cannot sustain and deserve to be set aside.

(3.) I have considered the submissions made by the learned counsel for the petitioners and with his assistance have gone through the impugned orders.