CR No. 2057 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2057 of 2009 Date of decision:- 20.8.2010 Col. Ajmer Singh (retd.) ......petitioner vs. Karnail Singh through LRs ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. M.L.Saggar, Sr. Advocate with Ms. Anmol Grewal, Advocate for the petitioner HEMANT GUPTA, J (ORAL) Challenge in the present revision petition is to the order passed by the trial Court on 13.2.2009, whereby an application for appointment of Tehsildar, Patiala for demarcation of the property, in dispute, was dismissed. Earlier on 3.5.2000, Naib Tehsildar, Patiala was appointed as Local Commissioner. Another application for appointment of Local Commissioner was dismissed on 4.9.2001 and the order dated 3.5.2000 was modified and Telsildar, Patiala was appointed as Local Commissioner. In pursuance of the said order, the Local Commissioner inspected the spot and submitted its report dated 29.10.2001. Subsequently, another application was filed for demarcation of the plot area which has been dismissed by learned trial Court on 13.2.2009. A Division Bench of this Court in Balbir Dewan Cold Storage and General Mills vs. Naveen Chander, 1989 (1) PLR 677, has held that the order appointing or declining to appoint the Local Commissioner is not revisable. Still further, the fact remains that a Local Commissioner has been appointed who has given his report. It is for the trial Court to appreciate the report of the Local Commissioner and take a final decision as may be permissible according to law. CR No. 2057 of 2009 -2- In view of the above, I do not find any patent illegality or irregularity in the orders passed by the learned trial Court which may warrant any interference in the revisional jurisdiction of this Court. Consequently, the same is dismissed. (HEMANT GUPTA) JUDGE 18.8.2010 preeti