- (1.) Surjit Singh has filed this Letters Patent Appeal against the order dated 14.5.2009 passed by the learned Single Judge in C.W.P. No.7269 of 2009. The said writ petition was filed by Surjit Singh appellant under Articles 226/227 of the Constitution of India for quashing the order dated 30.7.2003 passed by the Collector, Garhshankar; order dated 17.2.2005 passed by the Commissioner and the order dated 1.10.2008 passed by the Financial Commissioner Appeals-II, whereby the revenue authorities have dismissed the partition application moved by the appellant on the ground that in view of the fact that the land has been carved out in plots for residential purposes and construction has been raised thereon, therefore, the same loses its agricultural nature, hence, the same cannot be partitioned by the revenue Court. However, liberty was given to the appellant to seek the remedy of partition before the Civil Court. The learned Single Judge has affirmed the order of the revenue authorities. Hence, the instant appeal has been filed by the appellant.
(2.) We have heard the learned counsel for the parties and gone through the orders passed by the revenue authorities as well as the order passed by the learned Single Judge.
(3.) Undisputedly, in the year 1999, the appellant and other cosharer Bakhshish Singh filed two applications under Section 111 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as 'the Land Revenue Act') before Assistant Collector Ist Grade for partition of the land measuring 59 Kanals 1 Marla comprising in two Khewats situated in the revenue estate of village Rurkee Khas, Tehsil Garhshankar, District Hoshiarpur in which they were having shares along with other co-sharers, who were impleaded as respondents. In the said partition proceedings, initially the respondents were proceeded exparte and in their absence the mode of partition was prepared as well as the final order of partition was passed exparte. Later on, on the appeal filed by respondent No.2, the exparte order was set aside and the matter was remanded to Assistant Collector Ist Grade to proceed with the partition afresh.;