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SUKHVINDER KAUR, DEEPAK SIBAL
Malkit Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sukhvinder Kaur, J.
The present Intra Court Appeal is directed against the order dated 22.09.2023 passed by a learned Single Judge of this Court, whereby Civil Writ Petition No.21294 of 2023 filed by the appellants has been dismissed.
2. Brief facts are that respondent no.6 - Dayal Singh @ Gurdayal Singh filed an application for partition of land measuring 49 kanals and 4 marlas situated at village Lalouda, Teshil Tohana, District Fatehabad in the Court of Tehsildar-cum-Assistant Collector 1st Grade, Tohana. After considering the objections, Assistant Collector 1st Grade, Tohana approved Naksha Bey on 16.12.2009. On 18.01.2010, Naksha Zeem was received and Sanad Takseem was prepared on 18.02.2010. Against these orders an appeal was preferred by Desa Singh s/o Punjab Singh before Collector, Tohana, which was dismissed on 23.02.2010. A revision petition preferred before Commissioner, Hisar Division, Hisar was dismissed on 24.01.2011. Thereafter, another revision petition was filed before the Financial Commissioner, Haryana by Desa Singh which was also dismissed vide order dated 19.06.2023. Feeling aggrieved of the aforesaid order, the appellants knocked the doors of this Cour
The court upheld the partition proceedings as lawful, confirming adherence to the approved mode of partition and dismissing claims of unjust disturbance of possession.
Partition proceedings under the Punjab Land Revenue Act do not allow introduction of new objections after the mode of partition has been finalized, reinforcing that established practices must be adhe....
The court upheld the validity of partition proceedings, confirming adherence to legal principles and due process, dismissing petitions challenging the partition as meritless.
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....
An unchallenged mode of partition results in the finality of the partition instrument, making subsequent challenges to the instrument unsustainable.
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.
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.
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