Availability of recourse to the Financial Commissioner under Section 16(1) of the Punjab Land Revenue Act, 1887 for challenging Sanad Takseem.

S.S.Saron, J.

1. This writ petition has been filed seeking quashing of the order dated 7.12.2007 (Annexure-P.1) passed by the Commissioner, Rohtak Division, Rohtak and the order dated 3.11.2004 (Annexure-P.2) passed by the District Revenue Officer/Collector, Sonepat (respondent No. 3) whereby the Collector and the Commissioner respectively had declined to set aside the ex parte proceedings against the petitioner. The grievance of the petitioner is in respect of the partition proceedings by which it is alleged that his brother in collusion with the revenue authorities has deprived the petitioner from the prime land to which he is entitled. It is submitted that partition proceedings were initiated by the respondents with the intention of grabbing the prime land which is situated on the main Kharkhoda-Sampla road. The petitioner has been given land which is far away from the road. It is submitted that the petitioner was never served in the partition proceedings.

2. After giving my thoughtful consideration to the matter, it may be noticed that admittedly the partition proceedings are complete and `Sanad Takseem has been issued. According to the petitioner the possession of the land, however, is still with him. The petitioner filed an application for setting aside the ex parte proceedings which it is stated were taken at his back. The District Revenue Officer-cum-Collector, Sonepat (respondent No. 3) in his order dated 3.11.2004 (Annexure-P.2) considered the contentions of the petitioner and observed that proper `Munadi was made in the village. It was also noticed that the petitioner had no where mentioned that which Killa number was wrongly granted and which Killa number should have been granted. It was also noticed that on the application for partition `Naksha Zeem was approved and instrument of partition was drawn and executed. Thereafter, the possession of the land stands transferred in accordance with the instrument of partition. It is also noticed that the possession has been changed which is evident from mutation No. 1817 dated 17.5.2004. As there was no infirmity in the orders that were passed, the District Revenue Officer-cum-Collector, Sonepat (respondent No. 3) was of the view that the same were liable to be affirmed. Accordingly, the application of the petitioner was dismissed.

3. The petitioner aggrieved against the said order filed a revision petition before the Commissioner, Rohtak Division, Rohtak who considered the matter and observed that the partition proceedings in respect of the land in question had already been completed in all respects since long i.e. in the year 2003. Besides, mutation to this effect has been sanctioned by delivery of possession to the parties. The order (Annexure-P.2) of the Collector, it was observed, was very exhaustive in which all the points had been discussed in detail. Accordingly, no illegality was found in the impugned order. Against the order dated 7.12.2007 (Annexure-P.1) the petitioner has filed the present petition.

4. It may be noticed that the petitioner has not shown as to what prejudice has been caused to him in the partition proceedings and how his rights have been affected. In fact, even the District Revenue Officer-cum- Collector, Sonepat in his order dated 3.11.2004 (Annexure-P.2) had observed that the petitioner had not been able to show as to which Killa number has been wrongly given and which was liable to be given. Learned counsel submits that in the order of the Commissioner (Annexure-P.1) it was contended on behalf of the petitioner that he has 1/4 share in the entire land in the partition and he is in physical possession of Khasra Nos. 28/3 and 8/2 and had also installed a tube-well in the northern and eastern side of Khasra No.28/3. However, the Assistant Collector Grade-I has wrongly given Khasra No.34/4 to the petitioner which was in possession of Ram Phal. It is also mentioned that the petitioner was in possession of Khasra No. 34/1/1 in the eastern si