Civil Writ Petition No. 12347 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12347 of 2008 Date of Order: 25.02.2010. Smt. Kamla ....Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. R.D.Yadav,Advocate for the petitioner. Mr. Ashok Jindal, Addl. A.G.,Haryana for respondents No.1 to 4. Mr. Kulbhushan Sharma, Advocate for respodnents no.5 and 6. RAJIVE BHALLA, J (Oral). The petitioner challenges the order dated 12.01.2006, passed by the Commissioner, Gurgaon Division, Gurgaon, remanding the case to the Assistant Collector Ist Grade, Kosli to draw up a fresh mode of partition and the order dated 13.12.2007, passed by the Financial Commissioner (Revenue), Haryana, affirming the order passed by the Commissioner. Counsel for the petitioner submits that as the Collector, Rewari inspected the site, considered the amended mode of partition and, thereafter issued directions to the Assistant Collector Ist Grade, Kosli, to prepare a fresh mode of partition, the Commissioner had no jurisdiction to set aside this order and direct the Assistant Collector to inspect the site once again and draw up a fresh mode of partition. It is argued as in his order the Collector has already directed the Assistant Collector Ist Grade to ascertain valuable land and Civil Writ Petition No. 12347 of 2008 -2- thereafter distribute the land equitably, the orders passed by the Commissioner and the Financial Commissioner are superfluous. I have heard counsel for the parties, perused the impugned orders and find no reason to hold that these orders suffer from any error as would necessitate interference. The inspection reports prepared by the Assistant Collector Ist Grade and the Collector differ in material particulars, namely, the location of the land, quality of the land, possession and valuation etc. In view of the divergent reports recorded by the Assistant Collector Ist Grade and the Collector, the Commissioner had no option but to set aside both the orders and direct the Assistant Collector Ist Grade to inspect the land afresh and frame a fresh mode of partition. As the impugned orders, do not suffer from any error, the present petition is dismissed. February 25, 2010 (RAJIVE BHALLA) nt JUDGE