UMED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has approached this Court, challenging the order dtd. 31/12/2013 (Annexure P-6) passed by the Financial Commissioner, Haryana, and the order dtd. 28/8/2009 (Annexure P-5) passed by the Commissioner, Hisar Division, Hisar, whereby the Commissioner, on an appeal preferred by respondent-Nanha @ Nahta, now represented by his legal representatives i.e. respondent Nos.5 to 18, allowed the same by setting-aside the order passed by the Assistant Collector Ist Grade dtd. 29/1/2014 (Annexure P-1), whereby the land in possession of the petitioner, which is asserted to be Gair Mumkin Rori, had been exempted from the partition, revision against which preferred by the petitioner stands dismissed.

(2.) It is the contention of learned counsel for the petitioner that the gairmumkin ruri could not be a subject of partition in the light of Sec. 4 of the Punjab Land Revenue Act, 1887, as it is not accessible to land revenue and, therefore, has to be exempted and rightly so it has been so done by the Assistant Collector Ist Grade, Charkhi Dadri. He contends that the orders passed by the authorities below, which are impugned herein, cannot sustain.

(3.) I have considered the submissions made by learned counsel for the petitioner and with his assistance have gone through the records of the case as also the impugned orders.