V.K.Jhanji and Iqbal Singh JJ.

1. In this petition under Article 226 of the Constitution of India, challenge is to order dated 24-5-1994 passed by the Financial Commissioner, Haryana, whereby he has set aside order dated 13-12-1991 passed by the Commissioner, Hisar Division, Hisar, and restored the order dated 29-11-1990 of Collector, Dadri, remanding the case to the Assistant Collector II Grade for drawing up Naksha-Be afresh.

2. In brief, the facts are that respondents 3 and 4, namely, Smt. Shanti and Geeta Devi, widow and daughter respectively of Ram Kumar, filed an application for partition before the Assistant Collector II Grade. Petitioner and his brother namely, Ish-war, filed written statement to the same in which they stated that they are in cultivating possession of their share according to the mutual partition and in the alternative, they submitted that in case the court comes to the conclusion that partition is necessary, then the partition be effected in accordance with the possession of the parties as the petitioner and his brother had made the land cultivable by their hard labour and by spending money. Vide order dated 16-6-1989, the Assistant Collector sanct