Section 15 of PREA : Section 15: Partition May Be Stayed, And Proceedings Quashed, By Commissioner

Explanation using Example

Imagine a scenario where a family owns a revenue-paying estate and seeks to divide this property among the heirs. After initiating the partition process, the Collector orders the division of the estate. However, subsequent to this order, new information comes to light suggesting that one of the heirs has sold their expected share to an external party, which could affect the rights and interests of the remaining heirs. This new information was not available at the time the Collector made the initial partition order.

In this case, the Collector can report this new development to the Commissioner, who has the authority, after considering the report and any directives from the Board of Revenue, to halt the partition process. The Commissioner can also decide to quash the proceedings entirely, ensuring that the partition does not occur under potentially unjust conditions. Importantly, this decision by the Revenue Authorities to stay or quash the partition is final and cannot be challenged or revised by the Civil Court.