PARMESH CHANDER Vs. LT. COL. S.J. CHAUDHARY

JUDGEMENT

(1.) THIS revision petition arises out of the recommendation made by the learned Divisional Commissioner, Kangra Division vide order dated 28.02.2006 in revision petition No. 292/2005, the learned Commissioner has recommended that orders passed by the Courts below be set aside and the case be remanded to the Assistant Collector, 1st Grade Dalhousie for de novo proceedings with the directions that the share of the petitioner may also be separated by impleading him as a party in the case.

(2.) BRIEF facts of the case are that the respondent No. 1 had filed an application before the Assistant Collector, 1st Grade, Dalhousie on 05.05.2003 for partition of his share in respect of khata/khtauni No. 143/207, khasra Nos. 1949, 1950, 1951, 1952, 1953 and 1956, measuring 0 58 78 Hect situated in Up Mohal Bakrota, Tehsil Dalhousie, District Chamba. The present petitioner filed reply to the application stating therein that his share may also be separated simultaneously. In his statemei before the Assistant Collector, 1st Grade also, he requested that his share may be separated. However, the Assistant Collector, rejected his request and prepared the mode of partition on 05.08.2003 holding that since the petitioner and the respondent No. 2 are involved in a dispute regarding the house constructed over part of this land, the petitioner may file separate application for partition. It has been ordered that the half share of the respondent No. 1 may be separated while the share of the petitioner and respondent No. 2 may be kept joint. On 24.11.2003, Shri Parmesh Chander, the present petitioner filed an application before the Collector, Dalhousie for issuing direction to the Assistant Collector, 1st Grade, for separating his 1/4 share in the land owned by the parties. The learned Collector recorded an order on the application that his share may be separated as per his application. On receipt of this order, the Assistant Collector, 1st Grade reconsidered the matter and again rejected the request of the petitioner vide order dated 22.12.2003. Shri Parmesh Chander assailed the orders passed by the Assistant Collector, 1st Grade dated 15.11.2003 and 22.12.2003 in appeal before the Collector, Dalhousie who vide order dated 21.04.2004 dismissed the appeal and the case was remanded to Assistant Collector, 1st Grade to proceed further in the matter by partitioning the land. Feeling aggrieved by this order of the Collector, dated 20.04.2004, Shri Parmesh Chander has filed a revision petition before the Commissioner, Kangra Division who recommended the same to this Court observing that the matter be remanded to the Assistant Collector, 1st Grade Dalhousie for de novo proceedings with the direction to separate the share of petitioner by impleading him as one of the applicants.

(3.) IN view of the above, the recommendation of the learned Divisional Commissioner made vide his order dated 28.02.2006 is accepted. The orders passed by the Collector, Sub Division, Dalhousie on 21.04.2004 and the orders passed by the Assistant Collector, 1st Grade, Dalhousie on 15.11.2003 and 22.12.2003 are quashed. The case is referred to the Assistant Collector, 1st Grade, Dalhousie to decide the partition proceedings while ensuring that khatas of Shri Parmesh Chander and Shri Parkash Chand his brother are separated.