KISHORI LAL Vs. KANSHI RAM

JUDGEMENT

(1.) This order shall dispose of the two above titled revision petitions for the reason the revision petition No. 184/98 is a recommendation made by the learned Commissioner, Kangra Division No. 19.3.1998 while revision petition No. 234/98 has been filed by the petitioner seeking in addition to that recommended by toe learned Commissioner.

(2.) Brief facts of the case are that the present petition applied to the Assistant Collector 1st Grade Degra for partition of land comprised in Khata No. 66, Khatauni No. 118 to 121, Kitas 41, measuring 5 -57 -55 Hect. Situated in Mohal Sakrailu, Mauza Bohan, Tehsil Dehra, Distt. Kangra. A mode of partition prepared by the Assistant Collector 1st Grade was objected to the present respondent No,3 to 5 who sought to be impleaded as parties to the application. The Assistant Collector 1st Grade, rejected the application for partition while allowing the petitioner to file a fresh application. The petitioner filed an appeal against this order before the Sub -Divisional Collector, Dehra, who rejected the same on 19.3.1985. As amended application was then filed by the petitioner before the Assistant Collector 1st Grade on 4.4.1985. A mode of partition was sanctioned on -4.4.1986." The respondents assailed this order in appeal before the Sub -Divisional Collector Dehra who ordered certain amendments to be made in the mode of partition vide his order dated 7.7.1987. The mode of partition was accordingly amended and the partition was sanctioned on 4.6.1987. The present petitioner filed an appeal against the same before the Sub -Divisional Collector, Dehra who dismissed the same on 30.9.1996. A revision petition was field before the Commissioner Kangra on the ground that the application for partition was got inquired into by the Assistant Collector IInd Grade who was biased against the petitioner and despite an application filed by the petitioner for withdrawing the inquiry from the Assistant Collector IInd Grade, the same was not considered. It was further alleged that land comprised in Khasra No.412 which is in possession of the respondent No.1 has been allotted to the petitioner while the land in khasra No. 698/1 which is in possession; of the petitioner has been allotted to the respondent. Likewise, khasra No. 698/1 and 713/1 required for further extension of Abadi of the petitioner has been wrongly allotted to the respondents. It was further alleged that a path was required to be provided on the boundary between khasra no. 713 and 714 as per the mode of partition but the same has not been done and no approach to his well has been provided. All the objections raised by the petitioner except to that pertaining to providing of a path 3 Mtrs. vide on the boundary of Khasra No. 713 and 714 were rejected by the Commissioner vide order dated 19.3.1998, and it has been recommended that the path which has not been provided on the boundary of khasra No. 713 and 714 may be ordered to be provided. The recommendation has been registered as revision petition No. 184/98. The petitioner has filed the revision petition No. 234 seeking redressal of the other grievances which were raised before the Commissioner but were rejected.

(3.) The record of the courts below has been perused minutely and the arguments advanced by the learned counsel for petitioner and the respondents No.1 and 2 through their attorney were heard. The respondents No.3 to 5 were proceeded exparte during the proceeding before this Court.