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SUDHIR MITTAL
Ram Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Sudhir Mittal, J. (Oral) - An application for partition of 152 kanal and 1 marla land was filed by respondent No.4 whereupon mode of partition was accepted vide order dated 25.10.2013. The petitioners objected thereto on the ground that houses exist on 1 Vi acres of land and that the said land should be excluded. However, the objections were rejected vide order dated 22.01.2014. Appeal and revision also failed and sanad was issued on 21.11.2014. ROR against the revisional order was pending adjudication when sanad was issued vide order dated 21.11.2014 and the same was amended to include a challenge thereto. Ultimately, the said ROR was allowed vide order dated 01.09.2015 and the matter was remanded for a fresh decision. After remand, the Assistant Collector 1st Grade has maintained the earlier order vide his order dated 25.01.2017. Sanad has been issued on 01.03.2017 which was challenged before the Financial Commissioner. The Financial Commissioner has dismissed the revision vide order dated 30.01.2018 leading to the filing of this writ petition.
2. Learned counsel for the petitioners has argued that the Assistant Collector did not allow his objections to the mode of partiti
The legal validity of partition including land with construction depends on whether the constructed houses have been allotted to the co-sharer who constructed them, causing no prejudice to either par....
The court upheld the validity of partition proceedings, confirming adherence to legal principles and due process, dismissing petitions challenging the partition as meritless.
Equitable allocation of land and adjustment for equitable partition are crucial in upholding the mode of partition, and disturbance of possession does not necessarily invalidate the partition.
The court upheld the validity of the partition proceedings under the Punjab Land Revenue Act, affirming that due process was followed and petitioners had adequate opportunity to raise objections, whi....
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
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