Babu Ram vs Financial Commissioner (Appeal-Ii), Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2623

AUGUSTINE GEORGE MASIH, ALOK JAIN
Babu Ram – Appellant
Versus
Financial Commissioner (Appeal-Ii), Punjab – Respondent

Advocates Appeared:
Mr. Sudeep Mahajan, Advocate; For the Appellant
Mr. Maninder Singh, Deputy Advocate General, Punjab, for Respondent Nos.1 to 4.
Ms. Amandeep Kaur Soni, Advocate for Respondent Nos.5 and 6.

JUDGMENT

Augustine George Masih, J.

In this intra-Court appeal, judgment dated 03.07.2012 of the learned Single Judge stands assailed, whereby a writ petition preferred by the appellant challenging the orders passed by the revenue authorities declining to interfere in the order dated 01.05.2006 (Annexure P-4) passed by the Assistant Collector 1st Grade ordering partition of the land, stands dismissed.

2. It is the contention of learned counsel for the appellant that the learned Single Judge has failed to appreciate the contentions as have been raised in the writ petition relating to the partition, which has been carried out violating the mode of partition as had been finalized between the parties. He asserts that respondent No.5-Ujjagar Singh son of Angad Singh had sold specific khasra numbers to respondent No.6-Smt. Krishna Kumari, his wife, which is not permissible, especially when it was a joint property held by all co-sharers and each co-sharer is owner of each inch of land. The entire land allotted to private respondents No.5 and 6 is on the metalled road. Further the land which has been allotted to the appellant is in four separate blocks, whereas to the above said private res

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