Jasbir Singh, J. - (1.) Brief facts of the writ petition are that respondent Lakshmi Devi wife of Arjan Gir of village Jodhkan moved an application under Sec. 111 of the Punjab Land Revenue Act, 1887, before the Assistant Collector, IInd Grade at Nathusari Chopla for partition of the joint land measuring 1195 Kanals and 5 Marias, situated in two villages, namely, Khera falling in Tehsil Sirsa and Jodhkan falling in Sub Tehsil Naihusari Chopta. After notice to the other co -shares and on raising objection by them the application was dismissed by respondent No. 1 on March 14, 1995, on the ground that one application for partition of land situated in two villages is not competent. The appeal filed by respondent No. 5 -Lakshmi Devi was dismissed by the Collector on September 18. 1996. Aggrieved by both the orders above mentioned, respondent No.5 filed a revision petition before the Commissioner, Hisar Division, who allowed the same vide his order dated April 16, 1999(Annexure P -3) and remanded the case back to respondent No. 1 for fresh decision on merits. The petitioners feeling not satisfied filed a revision petition before respondent No.4 against the order passed by the Commissioner. That revision petition was dismissed by the Financial Commissioner, respondent No.4, vide order dated August 17, 2001 (Annexure P -4). Hence the present writ petition has been filed challenging the orders Annexures P -3 and P -4 passed by respondents No. 3 and 4 respectively.
(2.) Shri L.N. Verma, Advocate appearing on behalf of the petitioners has vehemently contended that the land is situated in two villages - one in Tehsil Sirsa and the other in Sub -Tehsil Nathusari Chopta and as such one application for partition of land, situated in two villages, is not competent. He stated that the orders passed by the Assistant Collector Ist Grade and the Collector (Annexures P -1 and P -2) were perfectly valid orders, which have wrongly been reversed by the Commissioner by passing order Annexure P -3, affirmed by the Financial Commissioner vide order Annexure P -4. He prayed that the orders Annexures P -3 and P -4 be quashed.
(3.) After hearing counsel for the petitioner, this Court is of the opinion that the contentions raised by him seem to be misconceived. It has been found as a matter of fact by the Commissioner and the Financial Commissioner that when the application was moved for partition of the land of two Khewats, both these Khewats were part and parcel of one Hadbast and, thereafter, due to re -demarcation of the area, one village Khera went to Tehsil Sirsa and another village Jodhkan went to Sub -Tehsil Nathusari Chopta and as such one application could have been moved for partition of the land situated in these two villages. Relevant portion of the order passed by the Commissioner, respondent No. 3, read as under; "I have gone through this case and heard the learned counsel for the parties. It is unfortunate that the real facts of the case have not been appreciated by the Assistant Collector, IInd Grade and the Collector. From the order dated 14.3.1995, it is clear that after filing of the application for partition of two khewats, one Khewat went in Mauja Khera falling in Sirsa Tehsil and another in Jodhkan falling in Sub Tehsil Nathusari Chopta. Since the Assistant Collector, IInd Grade was dealing with Nathusari Chopta case, therefore, he dismissed the application. Subsequently, the appeal was filed which was dismissed. The right course of action before the Assistant Collector, IInd Grade was to refer the matter to Tehsildar, Sirsa, as Sub Tehsil Nathusari Chopta was a part of Tehsil Sirsa and Tehsildar, Sirsa, could have decided the partition application . But this was not done in spite of application given by the revisionists. Accordingly, the revision is accepted and the case is remanded to the Assistant Collector, IInd Grade Tehsildar ) Sirsa to decide the case on merits. It is also stated by the learned counsel for the respondents that in the earlier application certain dead persons have been made party. If that be the case, the parties are directed to identify all such persons and present lists of LRs of such persons as well as amended title wherever necessary. Parties are directed to appear before the Assistant Collector, IInd Grade (Tehsildar), Siisa. on 13.5.1999.";