IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.19139 of 2008 Date of Decision: January 12, 2011 Krishan Kumar .....PETITIONER(S) VERSUS Financial Commissioner (Appeals), Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Peeush Gagneja, Advocate, for the petitioner. Ms. Sonu Chahal, Additional Advocate General, Punjab, for respondent Nos.1 to 4. Mr. Aman Chaudhary, Advocate, No.5. . . . AJAI LAMBA, J (Oral) 1. The petitioner has challenged orders dated 5.7.1999 (Annexure P-2); 22.11.2004 (Annexure P-3); and 2.2.2006 (Annexure P-4). 2. Vide Order dated 26.8.1997 (Annexure P-1), in the matter of partition, Tehsildar cum Assistant Collector 1st Grade, Fazilka, District Ferozepur, allowed the CWP No.19139 of 2008 [2] partition application. An appeal was carried by respondent No.5 to Sub Divisional Magistrate exercising the powers of Collector, Fazilka. Vide a speaking and well reasoned order (Annexure P-2), the matter was remanded back to the Assistant Collector 1st Grade directing the authority to decide the case afresh keeping in view the observations made in the order (Annexure P-2). 3. The petitioner went up in revision before the Commissioner, Ferozepur Division, Ferozepur. The order of remand has been upheld. Financial Commissioner has also upheld the order while crystallising the issue in Para 7 of order, Annexure P-4. 4. Learned counsel for the petitioner contends that let Order, Annexure P-4 be implemented. 5. The petition is dismissed as withdrawn with direction to respondent No.4 to deal with the issue, adjudicate and take a decision within four months of receipt of a certified copy of the order, in the light of what has been said in Order dated 2.2.2006 (Annexure P-4) passed by the Financial Commissioner, Appeals-I, Punjab. 6. The petitioner and the private respondent would be given opportunity to plead CWP No.19139 of 2008 [3] their cases before the authority. (AJAI LAMBA) January 12, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?