CWP No.9558 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9558 of 200 9 Date of decision: 02.08.2011 Harbans Singh ....Petitioner Versus Financial Commissioner (Appeals I), Punjab, and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Ms. Monika Goyal, Advocate, for the petitioner. Mr. Jaswinder Singh, DAG, Punjab. Mr. S.S. Tiwana, Advocate, for respondents No.5 to 7. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Learned counsel appearing for respondents No.5 to 7 has very fairly stated that prior to the filing of application under Section 111 of the Punjab Land Revenue Act for partition of the land in dispute by respondents No.5 to 7, there was a family partition between the parties, which was reduced in writing in the shape of memorandum of partition, copy of which is already on record as Annexure P-5. He has further admitted that pursuant to the mutual partition (Annexure P-5), an application was moved before the Assistant Collector, IInd Grade, Nabha, to carry out correction/mutation in the revenue record, which was allowed by the Assistant Collector, IInd Grade, Nabha, vide order dated 21.9.1987 (Annexure P-6). Learned counsel for respondents No.5 to 7 states that since petitioner had sold his share after mutual partition, CWP No.9558 of 2009 2 therefore, an application for partition was moved by respondents No.5 to 7. Record reveals that authorities below, while deciding the question of partition, have not taken into consideration private partition (Annexure P-5) and have totally ignored, while private partition is the admitted fact and pursuant to which order (Annexure P-6) was passed. In view of the above, present petition is allowed. Impugned orders are set aside. Let parties appear before the Assistant Collector, IInd Grade, Nabha, on 30.8.2011. Learned Assistant Collector, IInd Grade, Nabha, shall proceed with the application under Section 111 of the Punjab Land Revenue Act moved by respondents No.5 to 7 herein and shall decide the same keeping in mind the admitted fact of private partition (Annexure P-5) and order passed thereon (Annexure P-6). Learned Assistant Collector, IInd Grade, Nabha, shall complete the exercise within 90 days thereafter. (Alok Singh) Judge August 02, 2011 R.S.