SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(P&H) 1091

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Paramjeet Singh
CWP No.11709 of 2001
Justice K.S. Sidhu (Retired) & Anr.
v.
State of Punjab & Ors.
{Decided on 04/12/2014}

Advocates:
For the Petitioners with Petitioners in person:Mr. S.S. Brar, Advocate.
Dr. Deepa Singh, Addl. A.G., Punjab.
For the Respondent No.8:Mr. Vishal Sharma, Advocate.
For the PSEB:Mr. R.S. Longia, Advocate.

Headnote:Punjab Land Revenue Act, 1887, S.123--Partition--Affirmation of private partition--In the present case, no enquiry has actually been made by the Assistant Collector by visiting the spot and the village--Assistant Collector – cum - Tehsildar has failed to follow the proper procedure as prescribed in Chapter 18 paras 18.1 and 18.3 of the Punjab Land Records Manual and para 451 of Chapter XIII of the Punjab Land Administration Manual, thus, order could not be allowed to stand--Impugned order dated set aside--Punjab Land Records Manual Act, Para 18.1 & 18.3--Punjab Land Administration Manual, Para 457.

       Besides this, when affirmation of partition privately effected is sought, the revenue officer should summon the interested parties and then inquire from them about the fact whether there was a private partition and on finding that the private partition has, in fact, taken place, the revenue officer should order affirmation of private partition and it would be appropriate to record the statements of the concerned parties and partition the land thereafter--In the present case, no enquiry has actually been made by the Assistant Collector by visiting the spot and the village. Assistant Collector-cum-Tehsildar has failed to follow the proper procedure as prescribed in Chapter 18 paras 18.1 and 18.3 of the Punjab Land Records Manual and para 451 of Chapter XIII of the Punjab Land Administration Manual, thus, order could not be allowed to stand. Accordingly, impugned order dated 05.04.2002 is hereby set aside. (Para 6)

JUDGMENT

Mr. Paramjeet Singh, J.: (Oral) - Petitioner No.1, a former Judge of a High Court and senior citizen, is aggrieved against the act of a revenue officer whereby his application under Section 123 of the Punjab Land Revenue Act (in short ‘the Act’) for affirmation of partition, privately effected, has been declined. Resultantly, instant writ petition under Articles 226/227 of the Constitution of India has been filed seeking following reliefs: -

“(i) Issue a writ of certiorari bringing up the entire records relating to the petitioners warabandi, from 1977 till date, and orders passed from time to time concerning the said warabandi by respondent No.2 and/or his superiors, granting warabandi (turn of water) in respect of the land comprised in Killa No.155/7 (6-0) in the area of village Chak Ruldu Singh Wala, and also the entire record relating to his ordering on 6.7.2001 to restore the petitioners warabandi and thereafter, under the garb of orders from an Ex. En. refusing to implement the said order and thereby compounding the contempt of court by his brazen refusal to obey the orders of the Civil Judge dated 4.12.1998 and 4.10.1999, as affirmed by the Addl. Distt. Judge in appeal on 23.12.2000.

(ii) Issue a writ of certiorari, bringing up the records and quashing all his illegal and mala fide orders, passed by respondent No.2 and/or his superior from time to time, since April 2001 till date purporting to grant permission to a third party to dig a water course through the private property comprised in rectangle No.92 in the same village, belonging exclusively to the petitioner.

(iii) Issue a writ of certiorari, bringing up the record of application, dated 23.1.2001, made by petitioner No.1 under Section 123, Punjab Land Revenue Act before respondent No.5 with a view to examining the mala fide manner in which respondent No.5 has been refusing to exercise his jurisdiction so that the matter may be prolonged to the detriment of the petitioner.

(iv) Issue a writ of certiorari, bringing up the entire record relating to Agriculture Power No.258 Village Chak Ruldu Singh Wala from the very inception of that connection including the proceedings in respect of it’s disconnection on permanent basis on 29.05.1998; also bringing up the applications made by the petitioner and Jangir Singh on and after 17.8.1998 for the restoration of A.P. No.258 to its original tube-well and the proceedings and orders etc. made by respondent No.6 and 7/or their subordinates including all the alleged applications of S. Jangir Singh and the proceedings taken thereon for the so called shifting of A.P. No.258 from the petitioner’s tube-well to the tube-well of Jangir Singh and the entire record of the alleged shifting upto the date 23.03.1999.

(v) Issue a writ of mandamus, directing respondent No.1 to take action in accordance with the relevant rules, regulations and instructions, on the written complaint (Notice of Demand) dated 1.6.2000, supported by affidavit dated 2.6.2001, containing seven different transactions spread over a period of three years, constituting seven charges of serious misconduct against respondents No.8 and 9, involving abuse of their official position and power with the malicious intention of depriving the petitioner equal protection of the laws of the land and thus oust him from all of his ancestral property in the State of Punjab.

(vi) Issue a writ of mandamus, directing respondent No.3 to submit final police report without any further delay under Section 173 of Criminal Procedure Code ino the written complaint dated 30.7.1998, and also to investigate and make similar reports in respect of all FIRs lodged by the petitioner at Police Station Sangat during the last four months, with a connected direction to respondent No.4 to let respondent No.3 to do his duty without any outside interference.

(vii) Issue a writ of mandamus, directing respondent No.3 & 4 to refrain from harassing petitioners and humiliating the petitioners tenan
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top