The main legal point established in the judgment is that the mode of partition, if not challenged within the statutory limit, attains finality, and the court will not entertain complaints about it after the specified period.

ORDER :

1. On 4.3.2009 the Assistant Collector First Grade, Chamba ( in short A.C. First Grade) ordered for preparing document of partition on stamp papers. This order was assailed by petitioner No. 1 before the Collector, Chamba who vide order dated 24.8.2009 dismissed the appeal. The order passed by the Collector was assailed by all the three petitioners before the Divisional Commissioner, Kangra Division by means of a revision petition. This revision petition was also dismissed on 2.7.2011. The petitioners thereafter preferred second revision petition before the Financial Commissioner (Appeals) Himachal Pradesh. This revision petition was also dismissed on 30.1.2014. Aggrieved, the petitioners have preferred the present petition assailing all the orders passed by the revenue authorities.

2. Facts

2(i) Respondent No. 6 moved an application under Section 123 of the H.P. Land Revenue Act, 1954 before the A.C. First Grade, Chamba for partition of joint land comprised in Khata/Khatoni No. 19/25-27, Kita 16 measuring 17-18 bighas situated in Mohal Ohali, Tehsil and District Chamba. Petitioners No. 2 and 3 are children of petitioner No. 1 and were minors at that time. They were sued in the partition proceedings through their natural guardian and mother i.e. petitioner No. 1.

2(ii) Petitioner No. 1 was served for appearing in the partition proceedings for 25.6.2007 before the A.C. First Grade. She did not remain present, therefore, was proceeded exparte. On 14.8.2007 summons were sent to petitioners No. 2 and 3 through their mother and natural guardian petitioner No. 1. Summons were also issued to petitioner No. 1 for appearance on 18.10.2007. Petitioner No. 1 who had already been proceeded exparte on 25.6.2007 did not appear in the court on 18.10.2007 as well. Petitioners No. 2 and 3 were also proceeded exparte. Mode of partition was prepared by the A.C. First Grade on 30.11.2007. Record was sent to the Field Kanungo for partition on spot as per the mode of partition. Instrument of partition was prepared on 22.1.2009. Partition was sanctioned by the A.C. First Grade on 31.1.2009. On 4.3.2009, the A.C. First Grade passed the order for drawing the instrument of partition on stamp papers.

2(iii) On 16.3.2009, petitioner No. 1 filed an appeal against the order dated 4.3.2009 before the Collector. This appeal was instituted on the ground that the order dated 4.3.2009 was passed behind the back of petitioner No. 1. That question of title was involved in the case, hence, the A.C. First Grade, Chamba was not competent to pass the order. That mode of partition was not prepared in accordance with law and applicable instructions. That petitioner No. 1 was allotted barren and uncultivable land in partition. Learned Collector held that proper opportunity was granted to the petitioner No. 1 in the partition proceeding but even after service she did not appear before the A.C. First Grade. Her contention of involvement of question of title also did not find favour with the Collector who also observed that the A.C. First Grade had partitioned the land amongst the share holders in accordance with mode of partition according to their share.

2(iv) Petitioner No. 1 along with her two children assailed the order dated 24.8.2009 passed by the Collector before the Divisional Commissioner. The Divisional Commissioner held that the petitioners were granted ample opportunity to present their case and dismissed the revision petition on 2.7.2011.

2(v) Further revision petition was carried by the petitioners before the Financial Commissioner. In this petition, petitioners contended that before preparing the mode of partition, the A.C. First Grade had not got prepared ‘Fard Kabza Mauka’. Mode of partition was prepared in exparte proceedings held against petitioners No. 2 and 3 who were minors at that time. The Financial Commissioner dismissed the revision petition on 30.1.2014 holding that issue of preparation of ‘Fard Kabza Mauka’ was not raised by the petition