JUDGMENT

Vinod S. Bhardwaj, J. (Oral)

The present petition raises a challenge to the order dated 29.09.2011 passed by the Financial Commissioner (Annexure P-14) vide which the petition filed by the petitioners was dismissed on the ground of maintainability. Challenge is also raised to the order dated 13.11.2007 passed by the Divisional Commissioner, Jalandhar (P-12) whereby the well reasoned order dated 20.03.2007 (Annexure P-8) passed by the Collector had been set aside.

2. Briefly summarized the case of the petitioners is that they are co-owners to the extent of 1/6th and 2/3rd share respectively in total land measuring 18 kanal and 05 marlas. An application for seeking partition of the land was moved on behalf of respondent No.2 i.e. Harwinder Kaur D/o Ajit Singh on 11.08.2005. Notice was accordingly issued to the respective parties and Mode of Partition was approved by the Assistant Collector, First Grade, on 26.09.2006. As per Clause 1 of the aforesaid Mode of Partition, the possession of the parties was to be kept intact while Clause 3 prescribes that passage should be attached with the existing ridge as per the need. Aggrieved of the aforesaid Mode of Partition, the petitioner No.1 preferred an appeal before the Collector, Nawanshehar taking a plea that the land in question was situated adjacent to the road and that the value of the land abutting the road was much higher. Accordingly, the Mode of Partition should take into consideration the value of the land on the basis of its frontage to the road as well. The Mode of Partition dated 26.09.2006 was accordingly stayed by the Collector, Nawanshehar vide order dated 29.11.2006.

3. After hearing the arguments of the respective parties and considering the written arguments, appeal was allowed vide order dated 20.03.2007 and the Assistant Collector, First Grade, Nawanshehar, was directed to assess the value of the land on the basis of its access from the main road. Proportionate share of valuable road front was thus ordered to be assigned. The Mode of Partition was accordingly modified to the said extent. It is averred that in compliance to the amendment order a fresh Mode of Partition was prepared by the Assistant Collector, First Grade, Nawanshehar vide order dated 05.07.2007. The amended Mode of Partition was never challenged in any collector proceedings and had since then become final. However, the respondent thereafter preferred an appeal before the Divisional Commissioner, Jalandhar Division against the order dated 20.03.2007. The said appeal was allowed by the Divisional Commissioner vide order dated 13.11.2007 by observing that there was no order dated 26.09.2006 whereby Mode of Partition was approved by the Assistant Collector, First Grade, Nawanshehar and that the Mode of Partition had in fact been approved vide order dated 12.09.2006. The said Mode of Partition was never challenged in appeal by respondent No.1 and as such the Collector, Nawanshehar committed an illegality and irregularity in accepting the said appeal vide its order dated 20.03.2007. Consequently, the appeal was accepted and order of the Collector was set aside. The case was remanded to the Assistant Collector, First Grade, Nawanshehar to proceed further in the partition application in light of the Mode of Partition dated 12.09.2006. Parties were directed to appear before the Assistant Collector, First Grade, Nawashehar on 07.12.2007. The above said order was further challenged by the petitioner by means of an appeal under Section 13 of the Punjab Land Revenue Act, 1887, however, vide order dated 29.09.2011, the abovesaid appeal was dismissed on the grounds of maintainability.