Bawi vs Bakhtawar Singh

S.R. Bunger, FC.

The present is a revision petition under section 16 of the Punjab Land Revenue Act, 1887, against the order dated 11.3.96 which passed by the Commissioner, Jalandhar Division, Jalandhar, as per he confirmed the order of the Collector, Batala dated 24.3.1994 and that of A.C. Ist Grade dated 14.11.1993.

The brief facts of this case are that one Bakhtawar Singh s/o Gian Singh, resident of village Lalla, Tehsil Batala Distt. Gurdaspur, made an application to the TeshildarcumA.C. Ist Grade, Batala for the separation of his share from out of the jointland measuring 416 K 2M as per Jamabandi for the year 198586; the land is situate at village Lalla, Had Bast No. 45, tehsil Batala, District Gurdaspur. The partition of land was ordered by the A.C. Ist Grade, Batala, as per his order dated 14.11.1993, in which it has been recorded that `Naqsa Zeem'' (This has been wrongly mentioned and it should be `Neqsa Bay'' because `Naqsa Zeem'' the instrument of partition is yet to be drawn up), is approved. Against this order, one Joginder Singh filed an appeal before the Collector, Batala which was rejected as per Collector''s order dated 24.3.1994. Against this order, Joginder Singh filed a revision petition before the Commissioner, Jalandhar Division, Jalandhar which was rejected by him as per his order dated 11.3.1996. Against this order, Smt. Bawi, claiming herself as widow of Gian Singh has filed the present revision petition, for setting aside the impugned order on the grounds stated in the petition dated 10.6.1996. It may be pointed out that in the copies of the order passed by the A.C. Ist Grade, Batala at page37 of the instant file, date of order is shown as 14.11.1993 and in the order of the Collector at page 28, this date has been mentioned as 4.11.1993 and in the order of Commissioner, Jalandhar Division, this date has been indicated as 4.11.1994. However, the exact date can be verified and ascertained by referring to the original record.

The learned counsel for the petitionerSmt. Bawi has been heard. The learned counsel has been confronted with the suggestion that in this case, partition of land was done on the application of one Banktawar Singh s/o Gian Singh as per the shares recorded in Jamabandi of village Lalla Sohian for the year 198586, the latest recordofrights at the date of the application for partition; but as per this Jamabandi, the present petitionerSmt. Bawi, is neither shown as a shareholder in the jointkhata nor her right to any share has been established by a decree, which may be still subsisting on the date of application, nor her right, whatsoever, in this land has been acknowledged in writing, by all the persons interested in the admission or denial thereof, as required under Section 111 of the Act ibid; so the present petitioner has no locus standi to challenge the order of A.C. Ist Grade, Batala ordering the partition of land or any other subsequent orders passed by the higher authorities. The appearance of petitioner''s name in the subsequent jamabandi for the year 197071, is inconsequential to the facts and merits of this case. The learned counsel has not been able to rebut this suggestion and has acquiesced.

As such, the present petition is incompetent.

In view of the above, the present petition being incompetent, is hereby dismissed.

Announced.