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2002 DIGILAW 620 (PNJ)

Darshan Singh v. Jasbir Singh

2002-06-11

KARL REDDY

body2002
ORDER Karl Reddy, F.C. - This is a petition under section 16 of the Punjab Land Revenue Act, 1887 seeking to revise the order dated 29.11.1999 of the Commissioner (Appeals), Jalandhar Division, Jalandhar, the order dated 16.3.95 of the S.D.O. (C)-cum-Collector, Ajnala, and the order dated 14.6.1994 of the Tehsildar-cum-Assistant Collector Ist Grade, Ajnala, in proceedings for partition of land measuring 225 k 7 m situated in v. Vanike, tehsil Ajnala, district Amritsar. 2. The petitioner raised a question of title at the earliest stage. He also raised the objection that the Gram Panchayat was a necessary party, and had not been impleaded. The Assistant Collector Ist Grade vide order dated 14.6.1994 rejected the objections. The Collector vide order dated 16.4.1995 dismissed the appeal and directed that the partition proceeding should continue. The Commissioner (Appeals) rejected the revision against the order of the Collector. Hence this petition. 3. Usufruct of the land is vested in the Gram Panchayat under Section 23 of East Punjab Act No. 50 of 1948. The Gram Panchayat therefore is a person directly or indirectly interested in the partition within the meaning of Section 113(b) of the Punjab Land Revenue Act, 1887, and hence a necessary party. The Commissioner (Appeals) held that the petitioner did not raise the issue that the land cannot be partitioned in view of Section 23 of East Punjab Act No. 50 of 1948 before the Assistant Collector and the Collector, and cannot raise the same at the revisional stage. This overlooks the fact that the petitioner had raised the issue that the Gram Panchayat is a necessary party at the earliest stage, and had been overruled. 4. The land measures 303 k in all, and the applicants-respondents moved for partition of only 225 k 17 m. The Collector held that 76 k 4 m is is in occupation of the Hospital and Harijan abadi and, as such, was not available for partition. These figures are disputed by the petitioner. It would have been more appropriate if the Assistant Collector had been directed to give a clear finding on this issue, after spot inspection. 5. The matter is remanded to the Assistant Collector 1st Grade, Ajnala for deciding the issues referred in paras 3 and 4 above, after impleading the Gram Panchayat and any other necessary party. To be communicated. Order accordingly.