CWP No.7171 of 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7171 of 1987 Date of decision:25.08.2010 Tarsem Singh and another ...... Petitioners VERSUS The Financial Commissioner (Appeals) Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Tribhuwan Singla, Advocate for the petitioners. Mr.C.S.Brar, DAG, Punjab for respondent no.1. None for respondents no.2 and 3. ***** RAJIVE BHALLA.J (Oral) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 13.08.1987, passed by the Financial Commissioner (Appeals) Punjab, setting aside the orders passed by the Commissioner, Jalandhar Division, Jalandhar and the Collector, Phillaur. Counsel for the petitioners submits that the modification suggested by the Financial Commissioner, would also provide a long narrow path thereby leading to wastage of valuable land. It is argued that the order passed by the Financial Commissioner, should be set aside and the Assistant Collector, Ist Grade, should be directed to consider the matter afresh. I have heard counsel for the petitioners and perused the impugned order. The Financial Commissioner, while considering the matter in its entirety and so as to avoid the long passage suggested by the Assistant Collector, Ist Grade, Phillaur, held as follows: - CWP No.7171 of 1987 -2- “The Assistant Collector's order while it does give a neat block to the petitioners suffers from the fact that it gives a long path. This could have been avoided by allocating to them land equivalent to their share in a strip running from west to east on the northern portion of the land abutting the village road across, rectangles 17/1, 20, 19. The petitioner stated before me that if this were done he would be willing to give up his right in the well No.19/4. The long path now given would also not have been necessary. This proposition which appeared to be reasonable, and offered the best solution was put to the respondents, who, however, declined to accept it. Under the circumstances I consider it fit to adhere to the order originally passed by the Assistant Collector, Ist Grade. I, therefore, accept the petition, set aside the orders of the Collector and the Commissioner and restore that of the Assistant Collector, Ist Grade.” The Financial Commissioner has remitted the matter to the Assistant Collector, Ist Grade, to proceed further. It would, therefore, be appropriate, while affirming the order passed by the Financial Commissioner, to grant liberty to the petitioners to approach the Assistant Collector, Ist Grade, with an application to reconsider the matter relating to the path. In case any other arrangement is possible, the Assistant Collector, Ist Grade, shall while allowing such an arrangement ensure that there is no departure from sanctioned mode of partition. Disposed of accordingly. 25.08.2010 [RAJIVE BHALLA] shamsher JUDGE