Kulwinder Kaur vs Assistant Collector 1St Grade Patti And ... on 6 August, 2021

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Punjab-Haryana High Court

Kulwinder Kaur vs Assistant Collector 1St Grade Patti And ... on 6 August, 2021

Bench: Sudhir Mittal

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

Sr. No.113                           CM-10238-CWP-2021 in/and
                                     CWP No.10789 of 2021
                                     DATE OF DECISION: August 06, 2021

KULWINDER KAUR

                                                             ..PETITIONER

                                     VERSUS

ASSISTANT COLLECTOR 1ST GRADE PATTI AND OTHERS

                                                            ...RESPONDENTS


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL


Present:     Mr. Prince Sharma, Advocate, for the petitioner.

             Mr. Amit Arora, Advocate,
             for the caveator-respondent.

             *****

SUDHIR MITTAL, J. (ORAL)

CM-10238-CWP-2021 Allowed as prayed for.

Amended synopsis is taken on record.

At oral request main case is taken on board. CWP-10789-2021 The final order of partition was passed by the Assistant Collector Ist Grade, Patti, District Tarn Taran on 13.05.2014 (Annexure P-

1) whereafter sanad was issued on 30.01.2015. The petitioner challenged order dated 13.05.2014 by way of appeal but the same was dismissed. Still aggrieved, she carried a revision petition before Commissioner, Jalandhar Division, Jalandhar which succeeded and the matter was remanded to the 1 of 2 ::: Downloaded on - 07-08-2021 03:29:38 ::: CM-10238-CWP-2021 in/and --2--

CWP No.10789 of 2021

Assistant Collector Ist Grade, Patti for a fresh decision. However, the said order has been set aside by the Financial Commissioner on a revision petition filed by respondent No.5.

The learned Financial Commissioner has held that the Commissioner had no jurisdiction to deal with matter of partition after sanad had been issued and thus, order dated 21.10.2016 passed by him is without jurisdiction. The aforementioned order of the Financial Commissioner is in accordance with law and no fault can be found with it. Thus, the writ petition is liable to be dismissed, however, with liberty to the petitioner to challenge the sanad by filing a revision petition before the Financial Commissioner.

Ordered accordingly.

August 06, 2021                                           (SUDHIR MITTAL)
Ankur                                                         JUDGE

Whether speaking/reasoned               Yes/No

Whether Reportable                      Yes/No




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