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2019 Supreme(P&H) 1779

AUGUSTINE GEORGE MASIH
Bhajan Singh – Appellant
Versus
Financial Commissioner Revenue, Punjab And Ors. – Respondent


Advocates Appeared:
Charanpal Singh Bagri and Gurjit Kaur Bagri, Advocates, for the Appellant

JUDGMENT

Augustine George Masih, J. - Challenge in this writ petition is to the order dated 06.09.2018 (Annexure P-1) passed by the Financial Commissioner (Revenue), Punjab - respondent No. 1, order dated 12.02.2013 (Annexure P-2) passed by the Divisional Commissioner, Patiala - respondent No. 2, upholding the orders passed by the Assistant Collector 1st Grade, Payal, dated 03.05.2010 and 11.08.2010 (Annexures P-4 and P-5 respectively), whereby, mode of partition by disturbing the possession of parties was proposed and subsequently, finalized. A mandamus is also sought for directing the official respondents to carry out the partition proceedings in view of the final order of mode of partition dated 16.01.1996 (Annexure P-6), which has been upheld upto the Financial Commissioner, Punjab, whereby, possession of the parties was ordered to be kept intact.

2. It is the contention of the learned counsel for the petitioner that initially, an application for partition was preferred by Gurdeep Singh, father of Balwinder Singh - respondent No. 5, before the Assistant Collector 1st Grade in the year 1993. The mode of partition was prepared by the Assistant Collector 1st Grade, Payal, vide orde

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