Paramjeet Singh, J. - (1.) Allowed, as prayed for. Annexure P -19 is taken on record. CWP -18737 -2014
(2.) Instant petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 09.07.2014 (Annexure P -15) passed by respondent No. 1 -Financial Commissioner, Punjab whereby revision petition has been dismissed and the order dated 29.08.2012 (Annexure P -13) passed by respondent No. 2 -Divisional Commissioner, Patiala whereby revision petition filed by respondent No. 5 against the order dated 19.06.2012 (Annexure P -11) passed by the Collector, has been allowed.
(3.) Brief facts of the case are to the effect that the petitioners filed application before Assistant Collector, Ist Grade (Tehsildar), Jagraon for partition of land measuring 59 kanals 05 marlas as per jamabandi for the year 2003 -04, situated at village Gureh, Tehsil Jagraon, District Ludhiana on the plea that they are co -sharers in the land in dispute and land be partitioned between the parties. After considering objections of respondent No. 5, Assistant Collector -Ist Grade, Jagraon vide order dated 13.11.2006 had stopped the partition proceedings as civil suit was pending between the parties regarding land in dispute. Against that, the petitioners filed appeal before the Collector, Jagraon, who vide order dated 30.05.2007, accepted the appeal and remanded the case back to the Assistant Collector -Ist Grade, Jagraon for fresh hearing. Thereafter, on the application of respondent No. 5 -Mukhtiar Singh, Collector, Ludhiana transferred the case from the Court of Assistant Collector -Ist Grade, Jagraon to the Court of Assistant Collector -Ist Grade, Payal. The Assistant Collector Ist Grade, Payal approved the 'Mode of Partition' vide order dated 30.04.2009 which was proposed on 24.12.2008 and partition was to be done by keeping in view the possession of land. Thereafter, A.C -Ist Grade, Payal approved the Naksha 'Arra' and 'Irri' vide order dated 12.10.2009 and 'Sanand Taksim' was also issued. Against that, respondent No. 5 filed appeal before the Collector, Jagraon who vide order dated 17.06.2010 dismissed the appeal by holding that if Mukhtiar Singh was having any objection regarding partition, he should file an appeal against 'Mode of Partition', which was not filed. Against that, respondent No. 5 filed revision petition before learned Divisional Commissioner, Patiala Division, which was dismissed vide order dated 14.06.2011 by holding that once 'Sanad Taksim' is issued, further adjudication is beyond its purview and remedy lies before the Financial Commissioner or this Court. Aggrieved by these orders, respondent No. 5 approached this Court and filed CWP No. 13993 -2011 which was accepted vide order dated 04.08.2011 and matter was remanded to A.C -Ist Grade, Payal for fresh decision. Thereafter, A.C. Ist Grade, Payal accepted the partition application of the petitioners vide order dated 16.11.2011 holding that Naksha Arra and Irri have been rightly prepared as per 'Mode of Partition'. Against that, respondent No. 5 filed an appeal before the Collector, Sub Division, Jagraon who vide order dated 19.06.2012 dismissed the appeal. Against that, respondent No. 5 filed revision before the Divisional Commissioner, Patiala Division who vide order dated 29.08.2012 accepted the revision and remanded the case to the Assistant Collector Ist Grade, Payal for fresh orders after hearing all the parties and a direction was issued that fresh Naksha 'arra' be prepared wherein respondent No. 5 be given entitled share on the main Ludhiana to Moga road which falls in khasra No. 9//5, 6, 15. Against that, the petitioners filed CWP No. 21987 -2012 which was disposed of on 25.03.2013 in view of restoration of the powers of the Financial Commissioner under Sec. 16(1) of the Punjab Land Revenue Act with liberty to the petitioners to approach the Financial Commissioner within 30 days. Thereafter, the petitioners filed revision before the Financial Commissioner, who dismissed the same vide impugned order dated 09.07.2014 (Annexure P -15). Hence, this writ petition.;