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2014 Supreme(P&H) 1571

RAJAN GUPTA
Harbinderjit Singh @ Harjinder Singh @ Harvinder Singh – Appellant
Versus
Financial Commissioner Co-operation, Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R.S. Chauhan, Advocate.
For the Respondent:Suresh Singla, Addl. A.G. Punjab, Mayank Mathur, Advocate.

JUDGMENT

Rajan Gupta, J. - Petitioners have sought a writ in the nature of certiorari for quashing order Annexure P6 dated 06.11.2009 passed by respondent no. 1.

2. Learned counsel for the petitioners has assailed the order. He submits that, order passed by Financial Commissioner is cryptic and unsustainable in the eyes of law. According to him, valuable land abutting the road should have been divided proportionately among the co-sharers. Thus, impugned order deserves to be quashed.

3. Plea has been vehemently opposed by learned counsel appearing for respondent no. 4 and 5. According to him, pursuant to order passed by Financial Commissioner, revenue authorities have duly implemented the order passed by A.C. Ist Grade on 14.09.1999. Respondents have been shown as owners of their respective land in the jamabandi for the year 2004-05. According to him, partition is in accordance with the sanctioned mode of partition.

4. I have heard learned counsel for the parties.

5. Brief factual background of the case is that on an application being moved by petitioners before Assistant Collector Ist Grade, partition of land measuring 137 kanals and 1 marla situated in village Kadoopur was initiated. T



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