Kartar Singh Alias Partap Singh And ... vs Financial Commissioner Appeals-I ... on 8 August, 2008

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Punjab-Haryana High Court

Kartar Singh Alias Partap Singh And ... vs Financial Commissioner Appeals-I ... on 8 August, 2008

Bench: Satish Kumar Mittal

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.


                                         C.W.P. No. 8864 of 2008 ( O&M )

                                        DATE OF DECISION : 08.08.2008


Kartar Singh alias Partap Singh and another

                                                          .... PETITIONERS
                                  Versus
Financial Commissioner Appeals-I Punjab and others

                                                      ..... RESPONDENTS



CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL

            HON'BLE MRS. JUSTICE DAYA CHAUDHARY


Present:    Mr. S.K. Laddi, Advocate,
            for the petitioners.

                         ***

SATISH KUMAR MITTAL , J. ( Oral ) This petition has been filed by the petitioners challenging the order dated 30.11.2005 (Annexure P-3), passed by the Assistant Collector Ist Grade, Rampura Phul, approving the Naksha Bay, after proceeding the petitioners ex-parte; and the order dated 23.1.2008, passed by the Commissioner, Faridkot Division, Faridkot, as well as the order dated 24.4.2008, passed by the Financial Commissioner, Punjab, whereby the final order of partition passed by the Assistant Collector Ist Grade has been upheld.

CWP No. 8864 of 2008 -2-

We have heard counsel for the petitioners and gone through the impugned orders.

The only contention raised by counsel for the petitioners is that the Naksha Bay was confirmed by the Assistant Collector Ist Grade on 30.11.2005, without providing sufficient opportunity to the petitioners to object it. From the perusal of the order of the Assistant Collector, it appears that earlier the petitioners were regularly appearing in the partition proceedings and in their presence on 28.11.2005, the Naksha Bay prepared by the Kanungo Halqa was presented and on that, the case was adjourned to provide an opportunity to the parties to file objections to the same. It appears that on the adjourned date, the petitioners neither appeared nor any objection was filed by them. Thereupon, the Assistant Collector Ist Grade proceeded with the case and confirmed the Naksha Bay. Subsequently, according to Naksha Bay the instrument of partition was made. In the petition, it has not been explained as to why the petitioners, in spite of having the knowledge of the date, did not appear on 30.11.2005.

From the facts of the case, it appears that the petitioners knowingly did not appear on 30.11.2005 and on that day, the Naksha Bay was approved. Once the instrument of partition was issued, the Commissioner rightly set aside the order of the Collector while holding that after the issuance of Sanad Taksim, no appeal could have been filed.

In view of the aforesaid facts and circumstances of the case, we are not inclined to interfere in the impugned order, in exercise of the writ CWP No. 8864 of 2008 -3- jurisdiction of this Court.

Dismissed.



                              ( SATISH KUMAR MITTAL )
                                       JUDGE


August 08, 2008                 ( DAYA CHAUDHARY )
ndj                                    JUDGE

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