Civil Writ Petition No. 15401 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 15401 of 2008 Date of decision: 01.09.2008 Banarsi Dass and others ........Petitioners Versus State of Haryana and others .......Respondents Coram: Hon'ble Mr. Justice J.S.Khehar Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Diwan S.Adlakha, Advocate for the petitioners -.- J.S.Khehar , J. (Oral) Through the instant writ petition, the petitioners have impugned the order dated 08.01.2008 (Annexure P-6) passed by the Financial Commissioner, Haryana. Having gone through the impugned order dated 08.01.2008, it is apparent therefrom, that there was a serious dispute inter se the parties whether or not a private partition had been executed amongst the shareholders in August, 2001. Whilst, it was the case of the petitioners (before the Financial Commissioner), that they (or their predecessor-in- interest) were not signatories to the private partition executed in August, 2001, it was the case of the respondents (the petitioners in the instant writ petition) before the Financial Commissioner, Haryana, that all the petitioners (or their successor-in-interest) were indeed signatories to the private partition executed in August, 2001. Civil Writ Petition No. 15401 of 2008 2 Learned counsel for the petitioners, during the course of hearing, vehemently contended, that it was wholly unjustified for the Financial Commissioner, remanding back the matter to the Collector, Yamunanagar, for determining the authenticity of the private partition executed in August, 2001 since as a matter of fact, the aforesaid partition had actually taken place and the petitioners (before the Financial Commissioner) or their predecessor-in-interest, were signatories thereto. The aforesaid contention of the learned counsel for the petitioners, cannot be verified by us in exercise of our jurisdiction under Article 226 of the Constitution of India. The Financial Commissioner, Haryana, was fully justified in remanding the matter to the Collector, Yamunanagar, requiring him to verify whether or not the petitioners (before the Financial Commissioner) or their predecessor-in-interest were signatories to the aforesaid private partition executed in August, 2001. In view of the above, we find no merit in the instant writ petition. The same is, accordingly, dismissed. [J.S.Khehar] Judge [Nirmaljit Kaur] Judge September 1, 2008 mohan