Application was moved for partition of land measuring 367 kanals & 17 marlas by Major Singh and ors. Naksha ‘Arra’ was approved on 30.08.2004. Appeal was preferred against this order on the ground that khasra no. 26//11/2, 20/1 had been given to Major Singh which was in possession of Jaswant Singh and Pargat Singh. Similarly, khasra no. 31//16 had been wrongly partitioned. Appeal was rejected by the Collector vide order dated 20.12.2004. Revision petition preferred before Commissioner met the same fate. Orders were challenged before the Financial Commissioner. After considering rival contentions, he came to the conclusion that as per mode of partition, possession and quality of land had to be taken into consideration. He, thus upheld the orders passed by lower revenue authorities. Learned counsel for the petitioners has not been able to point out any legal infirmity with the orders passed. It is fundamental principle of partition that while partitioning the land every co-sharer should be given the land of equal value and having similar potential. There is no ground to interfere in writ jurisdiction. Dismissed.
