Mr. Anil Kshetarpal, J. (Oral) - The petitioner has filed this writ petition for issuing a writ, order or direction especially in the nature of certiorari for setting aside the alleged illegal, non-speaking and non-reasoned impugned order dated 06.06.2018 passed by the learned Financial Commissioner, Revenue Punjab.

2.The parties were joint owners of the land measuring 185 kanals and 8 marlas. Respondent No.3 filed an application before the Assistant Collector, Ist Grade, Mohali, praying for the partition of the joint land. On notice issued, the petitioner did not file any reply to the application for partition but filed an application for staying the partition proceedings on the ground that part of the land is covered by the constructed houses. It was further pleaded in the application that a Civil Suit is also pending and till the time the question of title is decided, the Revenue Authorities cannot proceed with the matter. Finding no merit in the application proceeded with the partition proceedings. The proposed Mode of Partition dated 23.11.2016 was put to the parties. Both the counsel made a statement on 23.11.2016 that they have no objection to the proposed Mode of Partition and the proposed Mode of Partition be sanctioned. The order dated 23.11.2016 is extracted as under:-

“Present counsel for the parties File is presented. Counsel for both the parties got recorded their respective statements for approving the proposed Mode of Partition. Since both the parties have no objection, proposed Mode of Partition is sanctioned. One copy of proposed Mode of Partition be sent to filed staff annd Naqsha Aara/Irri be called. File be presented on 28.12.2016.”

3. It is apparent that the counsel agreed that since there was no dispute, therefore, Naqsha Aara and Irri be called. Naqsha Aara and Irri prepared by the Revenue Authorities was received by the Court on 22.02.2017 and the case was adjourned permitting the parties to file the objections. The order dated 22.02.2017 is extracted as under:-

“Present counsel for the parties. File is presented. Naqsha Aara/Irri have been received. File be presented on 8.3.2017 for objections.”

4. The Patwari of the area submitted a report on 01.03.2017 indicating that the land comprised in various khasra numbers cannot be partitioned as the land is covered by the houses and trees. Naqsha Aara and Irri as received were shown to both the parties who were represented by the counsel. Both the counsel alongwith the parties made a statement in the Court on 08.03.2017 that they do not wish to file any objection and Naqsha Aara and Irri be approved. The order dated 08.03.2017 is extracted as under:-

“8.3.2017

Present:- Both the parties alongwith their counsels. File is presented. Naqsha Aara/Irri have been received. Same is shown to both the parties. Counsel for both the parties got recorded their respective statements taking the Naqshas to be correct since parties have no objections against Naqsha Aara/Irri, the same are approved without any further amendment. Order is pronounced in open court. Typed order in Punjabi language is attached alongwith.”

5. Pursuant thereto, Naqsha Aara and Irri were approved and the case was adjourned for preparation of the Sanad Taksim which was prepared on 11.04.2017 after waiting for statutory period for filing the appeal.

6. The petitioner directly filed a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, as applicable to the State of Punjab on 13.09.2017. Learned Financial Commissioner entertained the revision petition and after considering the objections of the petitioner, dismissed the revision petition by a detailed order dated 06.06.2018. This order has been challenged before this Court in the present petition.

7. The petitioner has been heard at length.

8. Learned counsel for the petitioner has submitted that the revision directly before the Financial Commissioner was maintainable as the Sanad Taksim has been prepared on 11.04.2017. He