Balwinder Singh And Ors. vs The Financial Commissioner ... on 23 May, 2006
The partition proceedings were carried out and feeling
aggrieved, the respondents approached this Court by way of CWP
No.8030 of 1993 (Balwinder Singh & others v. Financial Commissioner,
Punjab and others), which came to be dismissed vide order dated
19.3.2001 (Annexure P-3), observing that in the mode of partition, it was
clearly mentioned that partition will be effected keeping in view the
possession of the parties and the shortage, if any, will be made good.
Since the case of Gopal Singh was that he was in possession of Khasra
Nos. 1435 and 1436 and that assertion of Gopal Singh was being
contested by the petitioners (private respondents herein), Assistant
Collector was duty bound to prepare Naksha Bey only after settling, as to
who was in possession of Khasra Nos. 1435 and 1436, at the time when
application for partition was filed. It was further observed that since it
was not done, Financial Commissioner was well within his jurisdiction to
CWP No.13248 of 2009 3
remand the case to Assistant Collector 1st Grade for partition of joint
holding of the parties, in accordance with the mode of partition, after
settling objections of the parties.