IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.840 of 2009 (O&M) Date of Decision : 02.08.2011 Jeet Singh and another ... Petitioners versus Financial Commissioner (Appeals-A) Punjab & others ... Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT Present: Mr. Ishwar Lal, Advocate for the petitioners. Mr. Pritam Saini, Advocate for the respondents. **** Surya Kant, J. (Oral) (1) The prayer in the instant petition is for issuance of a writ of certiorari for setting aside the order dated 02.12.2008 passed by learned Financial Commissioner. (2) The Commissioner (Appeals) Patiala Division, Patiala vide impugned order dated 27.09.2007, which was confirmed by the Financial Commissioner, Revenue, Punjab vide order dated 02.12.2008, remanded the case to the Assistant Collector Ist Grade to resume the partition proceedings on the basis of Naksha Bey dated 07.07.2006. Since no stay was granted by this court, the Assistant Collector, Ist Grade has decided the case meanwhile and the petitioners being still aggrieved have filed an appeal before the Collector. (3) One of the contention raised on behalf of the petitioners is that their holding ought not to have been divided into two parts contrary to 'mode of partition' initially approved. There appears to be some merit in the contention noticed above as from the rough site plan CWP No.840 of 2009 (O&M) -2- placed on record, it is difficult to understand the logic as to why the land falling in the share of the petitioners has been fragmented and shifted to two places. (4) Keeping in view the fact that further proceedings after the remand of the case have taken place, however, to ensure that no prejudice is caused to the petitioners, this petition is disposed of with a direction to the appellate forum, namely, the Collector to consider the above noticed plea taken on behalf of the petitioners and if so required, visit the spot so as to ensure that the land holding of the petitioners is not fragmented. Parties are directed to appear before the Collector on 29.08.2011. (5) Order dasti. August 02, 2011 (Surya Kant) sonia Judge