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2007 Supreme(P&H) 1182

RAJIV BHALLA, P.SATHASIVAM
Amar Khan – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.K. Gupta, Advocate.
For the Respondents No. 1 and 2: Mr. N.D.S. Mann, Addl. A.G. Punjab.
For the Respondent No. 3:Mr. R.S. Chauhan, Advocate.
For the Respondent No. 4:Mr. Narinder Hooda, Advocate.
For the Respondents No. 7 to 9:Mr. Narender Lucky, Advocate.

JUDGMENT

Rajiv Bhalla, J. - Prayer in the present writ petition is for the issuance of a writ in the nature of certiorari for quashing the order, dated 16.12.2003 (Annexure P-7), whereby respondent No. 2 prepared Sanad Partition.

2. Respondents No. 3 and 4 filed an application, before the Assistant Collector Ist Grade (Tehsildar), Kharar, District Ropar, for partition of land, jointly held by them, with the petitioners. The Assistant Collector Ist Grade called upon the Kanungo Halqa to prepare a Naksha-B and the same was produced by Kanungo Halqa on 11.9.2001. The petitioners filed objections. Thereafter, the Assistant Collector Ist Grade rejected Naksha-B and directed the preparation of a fresh Naksha-B. Accordingly, a fresh Naksha-B was prepared and the petitioners again filed objections. Vide order, dated 10.6.2003 (Annexure P-5), respondent No. 2 directed the Kanungo Halqa to submit a report with respect to the objections raised by the petitioners. In compliance with the above order, a report was filed, detailing therein the total gair mumkin land, peerkhana, gair mumkin house, shop, engine, gair mumkin deh, trees, gohara, Taur etc.

3. After considering the objections, the Assi

















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