NANAK SINGH Vs. FINANCIAL COMMISSIONER (REVENUE) J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 17/2/2004 passed by the Financial Commissioner (Revenue)/respondent No. 1, whereby the said authority has reviewed its order dtd. 5/6/1997 and approved the order of respondent No. 2 dtd. 23/7/1992 and order of respondent No. 3 dtd. 13/8/1990.

(2.) The brief facts emanating from the pleadings of the parties are that the petitioner filed an application under Sec. 105 of the Land Revenue Act against the private respondents before the Collector (Assistant Commissioner Revenue) Jammu (respondent No. 3) seeking partition of land measuring 443 Kanals and 6 Marlas comprised in Khasra Nos. 974, 999, 986 and 988 situated in Village Paloura, Tehsil Jammu and for restoration of possession of the said land after its partition to the extent of respective shares of the parties.

(3.) As per the case of the petitioner, he along with the non applicants were recorded as co-sharers of the aforesaid land. The Collector i.e. respondent No. 3 herein dismissed the application of the petitioner vide its order dtd. 13/8/1990 by holding that the said application is not maintainable. It seems that the petitioner assailed the aforesaid order by way of an appeal before the Divisional Commissioner, Jammu/respondent No. 2 herein, but the said appeal was dismissed as withdrawn in terms of order dtd. 23/7/1992. Thereafter, the petitioner again challenged order dtd. 13/8/1990 passed by the Assistant Commissioner Revenue/respondent No. 3 by filing a revision petition before respondent No. 1 i.e. the Financial Commissioner (Revenue).