Dismissed
Paramjit Singh v. Fc Punjab & Ors.
Punjab & Haryana HCCWP/21534/2010
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of 2010 1 IN THE HIGH COURT OF PUNJAB AND…
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of 2010 1 IN THE HIGH COURT OF PUNJAB AND…
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CWP No. 21534 of 2010
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 21534 of 2010 Date of decision : 21.11.2014
Paramjit Singh
....Petitioner
V/s
Financial Commissioner (Cooperation) Punjab & ors.
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Sachin Jain, Advocate for the petitioner.
Mr. V. Ramswaroop, Addl. A.G. Pb.
Mr. Aman Dhir, Advocate for respondent no. 5.
RAJAN GUPTA J.
Petitioner has sought a writ in the nature of certiorari for quashing orders Annexures P3 & P4 dated 17.02.2009 & 05.10.2010. Final order was passed by Financial Commissioner, operative part whereof reads as under:-
“I agree with the contentions raised by respondent that AC Grade-I has passed order in haste. It is clear from the order of AC Grade-1 that spot inspection was done on 02.09.2008 and on the same day, the mode of partition was approved and sanctioned. Just after three days on 05.09.2008 final order was passed. As per law it is well settled that after the approval of mode of partition parties were given time to raise objections and further before sanctioning the mode of partition, the parties have right to file appeal against the said mode of partition. It seems that the AC Grade-1 have no knowledge of the legal procedure and has passed order without following proper legal procedure. It is correct that commissioner has passed order without affording
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CWP No. 21534 of 2010
2
opportunity of hearing to the second party, whereas commissioner was duty bound to first afford an opportunity of personal hearing to the second party and then have allowed the petition, but Commissioner vice his order has remanded the case and have directed to decide the case afresh. Keeping in view the present status of the case, I am of the view that there is no illegality in the order passed by Commissioner which deserves to be set aside in the present revision petition. If the order of the Commissioner is set aside and be directed to decide afresh then it will cause unnecessary delay. Therefore, the present revision petition is dismissed and AC Grade-1 is directed to pass fresh order after hearing both the parties and after perusing the record. Order is pronounced in open court on 5.10.2010.”
Learned counsel for the petitioner has assailed the order. He submits that Commissioner has arbitrarily set-aside the orders passed by A.C. Ist Grade and Collector. He submits that no opportunity of hearing was granted to him before impugned order was passed. According to him, Commissioner and Financial Commissioner have erroneously in remanded the case to Assistant Collector for decision afresh. Thus, impugned orders deserve to be set-aside.
Plea has been opposed by learned counsel appearing for the respondents. According to them, there is no illegality in the order passed by Commissioner as he has just remanded the matter for decision afresh.
Heard.
Brief factual background of the case is that petitioner alongwith his brother namely Lakhbir Singh filed an application
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CWP No. 21534 of 2010
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before Assistant Collector, Ist Grade, Shahkot for partition of land measuring 6 kanals & 14 marlas situated in village Jalalpur Khurd, Tehsil Shahkot, District Jalandhar. Thereafter, notice was issued to the concerned parties. Mode of partition was proposed and parties were given opportunity to raise objections. Assistant Collector Grade-I after visiting the spot and taking into consideration statement of the parties sanctioned the partition vide order dated 05.09.2008. Respondent no. 5 preferred appeal before Collector against this order but remained unsuccessful. Revision was later preferred before the Commissioner, Jalandhar Division who vide his order 17.02.2009 set-aside the order of lower revenue authorities and remanded the case to AC Ist Grade for decision afresh. While passing the order, Commissioner also observed that land situated on the main road should be distributed to all co-sharers as per their entitlement. Petitioner filed revision before the Financial Commissioner. Vide its order dated 05.10.2010, Financial Commissioner upheld the order of Commissioner. Aggrieved, instant petition has been filed.
I find no ground to interfere in writ jurisdiction. In my considered view, Commissioner came to the conclusion that partition had been done without adhering to legal procedure and without affording due opportunity of hearing to the parties. It is fundamental principle of partition that every co-sharer should be given the land of equal value and having similar potential. Moreover, A.C. Ist Grade had passed the order in hasty manner. There is, thus, no ground to interfere in orders passed by Commissioner and Financial Commissioner. Dismissed.
AJAY KUMAR 2014.11.21 14:17 I attest to the accuracy and authenticity of this document
CWP No. 21534 of 2010
4
(RAJAN GUPTA) JUDGE
November 21, 2014 Ajay
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2 issues framed by the court
Whether the Commissioner and Financial Commissioner acted without jurisdiction in quashing the partition order for failing to afford a hearing?
Whether the High Court should have interfered in the orders passed by the revenue authorities in the partition matter?
Paramjit Singh
Financial Commissioner (Cooperation) Punjab
Rajan Gupta
As recorded by the court registry
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