RAMESHWAR SINGH MALIK J.

The petitioners have challenged the orders dated 8.10.2009 (Annexure P-5) passed by the Commissioner, Rohtak Division, upholding the order dated 10.4.2006 (Annexure P-3) passed by the Collector Sonepat and the order dated 2.12.2003 (Annexure P-1) passed by the Assistant Collector 1st Grade, Ganaur, alleging that impugned orders have been passed in glaring violation of the mode of partition dated 7.7.2003 (Annexure P-7).

The brief facts of the case are that the petitioners, vide their application dated 7.8.1996, sought partition of land measuring 161 kanals 10 marlas, amongst its co-sharers. After hearing both the parties, mode of partition was proposed vide order dated 8.11.2001 (Annexure P-6), inviting objections from the parties. Objections were heard and finally, the mode of partition was amended vide order dated 7.7.2003 (Annexure P-7). Pursuant to the amended mode of partition dated 7.7.2003, Assistant Collector 1st Grade, sought naksha kha. The petitioners filed their objections dated 19.9.2003 (Annexure P-8) to the naksha kha. However, Assistant Collector 1st Grade, Ganaur, vide his order dated 2.12.2003 (Annexure P-1), accepted the naksha K