Punjab-Haryana High Court
Shangara Singh vs Financial Commissioner And Others on 3 December, 2009
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 18488 of 2009
Date of Decision: 3.12.2009
Shangara Singh
....Petitioner.
Versus
Financial Commissioner and others
...Respondents.
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
PRESENT: Mr. R.S. Bajaj, Advocate for the petitioner.
AJAY KUMAR MITTAL, J.
The petitioner has approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India impugning the order dated 27.5.2009 (Annexure P-5) passed by the Financial Commissioner, Punjab (respondent No.1) whereby the revision filed by him was dismissed.
The petitioner has sought to challenge that the partition proceedings initiated by respondents No.2 and 3 were not in accordance with the mode of partition. The Financial Commissioner while rejecting the revision of the petitioner, in para 5 of its order had recorded as under:-
"5. I have heard the arguments of the counsel for both the parties and also perused the written arguments submitted by the respondent. Both the parties have stated in writing before A.C. Ist Grade CWP No. 18488 of 2009 -2- that they have seen the Naqsha Zeem and have no objection against the said Naqsha Zeem. It has been proved on the record. The partition proceedings have attained finality. No interference is required at this stage to disturb the proceedings. The petitioner is in excess possession of the disputed land and is raising baseless points. I find no illegality or irregularity in the orders of the lower revenue courts. Therefore, the revision petition is dismissed being frivolous and devoid of merits."
Learned counsel for the petitioner could not show any material on record to demonstrate that the findings recorded by the authority below are illegal or perverse in any manner which may warrant interference by this Court in exercise of its powers under Articles 226/227 of the Constitution of India. Accordingly, finding no merit in the writ petition, the same is hereby dismissed.
December 3, 2009 (AJAY KUMAR MITTAL) gbs JUDGE