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2017 Supreme(P&H) 2584

RAKESH KUMAR JAIN
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :P.S. Saini, Advocate.
For the Respondents:Sourav Khurana, DAG, Punjab, Lalit Kumar, Advocate.

JUDGMENT :

RAKESH KUMAR JAIN, J.

1. This petition is filed for seeking a writ in the nature of certiorari for quashing the order dated 04.12.2009 by which the Assistant Collector Ist Grade, Patiala, had approved the "Mode of Partition"; the order dated 13.8.2010 passed by the Collector by which the appeal filed by the petitioners has been wrongly dismissed and also the order dated 05.8.2015 of the Financial Commissioner, Punjab, by which the revision petition filed by the private respondents has been allowed.

2. In brief, the private respondents filed an application under Section 111 of the Punjab Land Revenue Act,1887 (for short, 'the Act') for partition of land measuring 604 kanals 7 marlas and 6 kanals 14 marlas situated at village Harigarh, Tehsil and District Patiala, falling in two different khewats.

3. The petitioners filed reply to the application, inter-alia, alleging that the application is not maintainable because the application has been filed for two different khewats in which there are different co-sharers and therefore, two separate applications should have been filed.

4. However, the Assistant Collector Ist Grade, Patiala, proposed the "Mode of Partition" vide his order














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