Sher Singh v. Ac 1st Grade Cum Dro And Others
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Present writ petition has been filed for quashing the impugned order dated 08.08.2018 (Annexure P-3); order dated 12.09.2018/14.09.2018 (Annexures P-4 and P-5) passed by the learned A.C. 1st Grade vide which the mode of partition has been sanctioned in a partition application bearing No.205 titled as Sher Singh vs. Darshan Singh and others, pertaining to land measuring 53 kanals 06 marla being illegal, arbitrary and contrary to the provisions of Punjab Land Revenue Act as well as the principles governing the partition of the agricultural land. Further prayer has been made for staying the proceedings before the A.C. 1st Grade during the pendency of the present petition. RITTU 2023.12.21 11:00 I attest to the accuracy and integrity of this document
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The petitioner has impugned the order dated 08.08.2018 whereby the mode of partition was approved. However, as per the statutory provisions, the petitioner has the remedy of filing an appeal before the learned Sub Divisional Magistrate by virtue of the amendment in the Punjab Land Revenue Act.
In view of the above position, the present petition is disposed of with liberty to the petitioner to file an appeal before the learned Sub Divisional Magistrate within a period of two weeks from today.
As the petition remained pending since 2019 before this Court, so the Appellate Court would take into consideration the issue of delay sympathetically keeping in view the provisions of Section 14 of the Limitation Act.
Interim order dated 19.08.2019 shall continue till the filing of the appeal.
6'7 & ' ('" & ! ('" RITTU 2023.12.21 11:00 I attest to the accuracy and integrity of this document