- (1.) Present writ petition is directed against the order dated 23.5.2013 (Annexure P-8) passed by the Financial Commissioner, Haryana, whereby revision petition filed by the petitioners was dismissed and the order dated 15.3.2011 (Annexure P-5) passed by the Assistant Collector 1st Grade, Kharkhoda, dismissing the application of the petitioners for partition of the land in question, was upheld.
(2.) Notice of motion was issued and in compliance thereof, written statement was filed on behalf of respondents No. 3 to 11. Heard learned counsel for the parties.
(3.) It is a matter of record that as per jamabandi Annexure P-1, land in question was the ownership of Pana Diwan and the co-sharers of Pana Diwan were in possession of the land. Panchayat had never been recorded as owner of the land, because it was exclusive possession of Pana Diwan. However, since the Gram Panchayat was questioning the absolute ownership of Pana Diwan, some co-sharers of Pana Diwan filed a civil suit for declaration against the Gram Panchayat and Gram Sabha. Dispute was filed in representative capacity under Order 1 Rule 8 of the Code of Civil Procedure.;