Rakesh Kumar Jain, J. - (1.) This petition is filed in order to challenge the instrument of partition dated 22.07.2016 prepared on the order of the Assistant Collector 1st Grade.
(2.) The preliminary issue raised by this Court was regarding the maintainability of the present writ petition.
(3.) Counsel for the petitioners had initially relied upon a Division Bench judgment of this Court, rendered in the case of Raja Ram alias Rajender vs. Tehsildar-cum-Assistant Collector, Hissar, 2001 2 RCR(Civ) 739 but the Court had an impression that the petitioners would have the remedy before the Financial Commissioner by way of revision and the case was thus adjourned. On the adjourned date, counsel for the petitioners, very fairly referred to another Division Bench judgment of this Court, rendered in the case of Resham Singh @ Dilbagh Singh vs. Assistant Colector 1st Grade-cum-Tehsildar, Phillaur & others, CWP No.19985 of 2005, decided on 15.05.2007, in which the Court was of the opinion that the petitioner should first approach the Financial Commissioner by way of revision.;