- (1.) Respondent No.3 filed 15 applications for partition on 11.4.2001. Mode of partition was prepared on 2.9.2002 and all the 15 applications were sought to be clubbed. Assistant Collector 1st Grade, Anandpur Sahib passed final order on 29.1.2004. Sanad was issued on 2.6.2004. The petitioners filed a civil suit against this order on 7/8.1.2008 after delay of four years from the date of issuance of Sanad. The civil suit was got dismissed as withdrawn on 23.3.2010 and thereafter the petitioners approached the Financial Commissioner against the final Sanad, which was issued. The Financial Commissioner dismissed the revision in limine on account of delay. The petitioners, therefore, have filed the present writ petition.
(2.) The petitioners were not properly advised to withdraw the civil suit. Against the final Sanad issued, the civil suit was maintainable. Having withdrawn the civil suit, the petitioners approached the Financial Commissioner, who has declined to interfere on account of delay. Certainly the petitioners are responsible for this delay. Sanad was issued on 2.6.2004, but the suit against the same was filed only in the year 2008. The suit was also withdrawn and then the approach was made to the Financial Commissioner after nearly six years. No case for interference in exercise of writ jurisdiction against the order passed by the Financial Commissioner, therefore, is made out.
(3.) The writ petition is accordingly dismissed.;