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2023 Supreme(P&H) 415

VIKAS BAHL
Asha Chauhan – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Abhilaksh Grover, Advocate, Mr. Govind Goel, Advocate and Mr. Amit Kashyap, Advocate, for the Appellant; Ms.Upasana Dhawan, AAG, Haryana, Mr. Atul Yadav, Advocate, Mr. Vipin Pal Yadav, Advocate, Mr. Danish Davesar, Advocate for Mr. Vinod Bhardwaj, Advocate, for the Respondent.

JUDGMENT

Vikas Bahl, J. (Oral) - This order will dispose of two writ petitions i.e., CWP-21348- 2021 filed by Asha Chauhan and CWP-1849-2023 filed by Kaushalya Chaudhary. Both the cases arises from the same partition proceedings and with the consent of all the parties, the facts are being taken from CWP-21348-2021.

2. Petitioner Asha Chauhan had filed a revision petition before the Commissioner, Gurugram challenging the orders dated 10.07.2020, 14.08.2020 and also Sanad Taksim dated 04.06.2021. The Commissioner had observed that the said orders were passed by the Assistant Collector 2nd Grade and accordingly had permitted the petitioners to challenge the said orders before the Collector and had not entertained the revision. On 14.10.2021, a coordinate Bench of this Court was pleased to pass the following order:-

    'The petitioner had challenged the final order of partition dated 04.06.2021 (Annexure P-2) before the concerned Commissioner, however, the challenge has failed. The petitioner has been relegated to the remedy of approaching the Collector in the first instance upon mis-reading of Section 16 of the Punjab Land Revenue Act, 1887 (as applicable to the Haryana State).

    It is submitt

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