ATMA RAM Vs. RAKESH

JUDGEMENT

(1.) This revision petition under section 17 of HP. land Revenue Act, 1954 preferred by the petitioner Shri Atma Ram son of Maghi Ram resident of village Malpur, Pargana Dharampur, Tehsil Nalagarah, Distt. Solan, is directed against the order dated 27.6.1997 passed by the Commissioner Shimla Division in revenue appeal No. 45/97 whereby he accepted the appeal filed before him by the present respondent Sh. Rakha alias Ram Rakha by setting aside the order of the Collector Nalagarah dated 31.01.1997.

(2.) The facts giving rise to this case are that Sh. Atma Ram the present petitioner filed two separate applications both dated 4.2.1993 before the Assistant Collector 1st Grade Nalagarh seeking partition of land jointly held with the respondents comprising Khewat/ Khatoni No. 89/104, Khasra Nos. 1054,1120, 1053 kita 3 area measuring 3 Bighas 7 Biswas as per Jamabandi 1987 -88 situated in Mauza Malpur to the extent of his 1/6th share i.e. 0 -11 Biswas and Khewat/Khatoni No. 88/105, Khasra No. 1121 area measuring 1 -4 Bighas as per Jamabandi 1987 -88 situated in Mauza Malpur to the extent of his 1/6th share in the land. The Assistant Collector 1st Grade with the consent of both the parties formulated the mode of partition vide oprder dated 9.3.1994. This order was challenged by the present respondents before the Sub -Divisional Collector 1st Grade below had erred by keeping a passage in the aforesaid mode of partition which did not exist before and that the mode of partition disturbed the existing possession of the parties.

(3.) The learned Sub -Divisional Collector after hearing both the parties and going through the record accepted the appeal vide order dated 18.8.1994and remanded the case to the Assistant Collector 1st Grade for deciding the mode of partition afresh after hearing the present respondent No. 2 Shri pritam Chand. Later, the Assistant Collector 1st Grade sanctioned mode of partition again vide order dated 28.9.1994. Against this order, Shri Rakha alias Ram Rakha respondent filed an appeal before the Collector Nalagarh on the grounds that the learned Assistant collector 1st Grade while sanctioning the fresh mode of partition, he was not heard and secondly he contended that the present petitioner Shri Atma Ram had purchased 15 biswas of land out of Kh. No. 1121 measuring 1 -04 Bighas from one Smt. Savitri this land should have been allotted to petitioner Atma Ram. The sub -Divisional Collector accepted the appeal vide order dated 31 -8 -1995 and remanded the case to the Assistant Collector 1st Grade for deciding the mode of partition afresh. On remand, the Assistant Collector after hearing both the parties and going through the record held that Shri Atma Ram the present petitioner had sought the partial partition which according to law, is not permissible and therefore rejected the applications vide his order dated 30.10,1996.