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Judgment
5 paragraphs · 227 wordsKarl Reddy, F.C.
This is a petition under Section 16 of the Punjab Land Revenue Act, 1887 seeking to review the order dated 8.10.1999 of the Commissioner (Appeals), Jalandhar Division, Jalandhar, the order dated 30.10.1998 of the Collector, Garhshankar, and the order dated 22.8.1996 of the Assistant Collector Ist Grade, Garhshankar.
Jai Karan etc. filed on 27.1.1996/23.7.1996 for partition of land measuring 104 k1 m as per jamabandi for the year 199293 situated in the revenue estate of Samundra, Had Bast No. 160, Tehsil Garhshanker, District Hoshiarpur. The Mode of Partition finalized by the Assistant Collector Ist Grade on 25.10.1996 contained 10 clauses. There was no appeal or revision against that order. Thereafter, the Assistant Collector Ist Grade has incorporated clause 11 ostensibly after hearing the parties. There is no provision in law for revision of Mode of Partition without consent of the parties once the period of appeal has expired. At best, the Assistant Collector Ist Grade could seek permission of the District Collector to review his order. The lower Revenue Officers have erred in holding that insertion of an additional clause 11 in the Mode of Partition cannot be challenged now.
Accordingly, the petition is accepted and the impugned orders are set aside. The Assistant Collector Ist Grade is directed to partition the land afresh in accordance with law.
To be communicated.