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VIKAS BAHL
Daljit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is a Civil Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents not to proceed further in pursuance of final order of partition dated 15.02.2021 (Annexure P-5) passed by respondent No.4- Assistant Collector, Ist Grade, Gurdaspur in partition application filed by respondent No.5 bearing No.47/T dated 24.08.2017/33/NT dated 29.04.2019 titled as "Jeevan Verma v. Balwant Kaur etc.".
2. Learned counsel for respondent No.5 has raised a preliminary objection with respect to the maintainability of the present writ petition and has submitted that against the order dated 15.02.2021 (Annexure P-5), the petitioner has filed an appeal before the SDM-cum-Collector, Gurdaspur and the said appeal is pending and is now listed for 24.03.2023. It is further submitted that subsequent to the filing of the present writ petition, revision petition bearing No.ROR No.829 of 2022 has also been filed before the Financial Commissioner, which is also stated to be pending. It is stated that as per instructions, no stay has been granted in the said revision petition and the petitioner, has t
The main legal point established in the judgment is the interpretation of the provisions of Section 16 of the Punjab Land Revenue Act, 1887 and the Haryana Land Revenue Act, 1887, regarding the autho....
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
The main legal point established in the judgment is the interpretation of the jurisdiction of the Financial Commissioner and the Commissioner in revising partition orders under the un-amended and ame....
Partition of land - Power to call for, examine and revise proceedings of Revenue Officers - In exercise of revisional jurisdiction by the Commissioner, he cannot modify or reverse orders of his subor....
The court upheld the validity of the partition proceedings under the Punjab Land Revenue Act, affirming that due process was followed and petitioners had adequate opportunity to raise objections, whi....
The main legal point established is that the service of summons in partition proceedings must comply with the law, and the Financial Commissioner has the power to review the legality of orders passed....
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