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2005 Supreme(P&H) 634

RAJIVE BHALLA, J.S.NARANG
Ranbir Singh – Appellant
Versus
Financial Commissioner – Respondent


Judgment

Rajive Bhalla, J.

1. This order shall dispose of C.W.P. Nos. 7419 and 7420 of 2005, as common question of fact and law are involved therein. For the sake of convenience, facts have been extracted from C.W.P. No. 7419 of 2005.

2. The petitioner prays for the issuance of a writ of certiorari for quashing the orders dated 18.10.2002 (Annexure P-10), dated 18.4.2003 (Annexure P-12), dated 24.11.2004 (Annexure P-156), passed by the Assistant Collector, 1st Grade, Rohtak, the Collector/D.R.O. Rohtak and the Commissioner, Rohtak Division Rohtak and Sanad Takseem, dated 26.6.2003 (Annexure P-24).

3. The petitioner, along with Umed Singh and others, filed an application for partition of land bearing Khewat Nos. 715/645 and 716/646, measuring 1035 kanals and 11 marlas, situated in village Bahu Akbarpur, Tehsil and District Rohtak. Respondent Nos. 5 to 23, filed a reply, accepting the mode of partition but pleaded that possession be disturbed only where necessary. The Assistant Collector, 1st Grade, after a spot inspection, and a consideration of the objections, framed the mode of partition.

4. No appeal was preferred against the mode of partition by any of the parties, though they cl








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