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2018 Supreme(P&H) 2598

G.S.SANDHAWALIA
Harpreet Kaur – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:Ms. Sonia G. Singh, Advocate, for the petitioner.
Mr. Ashish Gupta, Advocate, for the caveator/respondents No.5 to 9.

JUDGMENT

Mr. G.S. Sandhawalia, J. (Oral) - The petitioner who was arrayed as respondent No.4 in the partition proceedings challenges the order dated 09.07.2018 (Annexure P-13), vide which the Financial Commissioner has dismissed the revision of the petitioner on the ground of maintainability under Article 226/227 of the Constitution of India. Similarly, the order dated 22.03.2018 (Annexure P-12) passed by the Collector (wrongly mentioned as Commissioner) has also been challenged, wherein the Sanad Takseem issued was upheld is also under challenge.

2. Counsel for the petitioner has vehemently argued that Rajwant Kaur and Jaswinder Kaur and Balwinder Kaur wives of respondents No.7 and 8, Kabal Singh and Shamsher Singh had purchased the land measuring 16 marlas on 16.04.2012, during the pendency of the partition proceedings and, therefore, the petitioner has been prejudiced as such.

3. It is pertinent to notice that the petitioner was present before the revenue authorities, whereby the Mode of Partition had been prepared on 17.02.2012 (Annexure P-2) and the partition of the land was to be done by disturbing the possession and as per nature of the land. On 06.05.2013 (Annexure P-5) bef




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