M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Ramesh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
M.S. Ramachandra Rao, J. (Oral)
At request of both the sides, the Letters Patent Appeal bearing No. LPA-309-2023, which was posted for 12.04.2023, is preponed and taken on board today itself.
2. We have heard elaborate submissions yesterday and today made by the counsel for the appellant and counsel for respondent No.5.
3. This Letters Patent Appeal is preferred against the order dt. 21.11.2022 passed in CWP No.19481 of 2022 passed by the learned Single Judge dismissing the Writ Petition filed by the appellant.
4. In the Writ Petition, the appellant had challenged 4 orders i.e. (i) order dt. 01.06.2022 passed by the Financial Commissioner, Haryana, (ii) order dt. 05.01.2021 passed by the Collector, Jhajjar, (iii) order dt.05.11.2019 and (iv) order dt.08.03.2019 passed by the Assistant Collector, Grade-I, Jhajjar in partition application No. 17/NT under the Punjab Land Revenue Act.
The order of the learned single judge
5. In the impugned order passed by the learned Single Judge, the learned Single Judge upheld all these orders.
6. After recording the contentions of the parties, the learned Single Judge considered the question whether the Revision filed by the Writ Petitioner b
Partition of land - Power to call for, examine and revise proceedings of Revenue Officers - In exercise of revisional jurisdiction by the Commissioner, he cannot modify or reverse orders of his subor....
The main legal point established is that the service of summons in partition proceedings must comply with the law, and the Financial Commissioner has the power to review the legality of orders passed....
The main legal point established in the judgment is the interpretation of the jurisdiction of the Financial Commissioner and the Commissioner in revising partition orders under the un-amended and ame....
The main legal point established in the judgment is the interpretation of the provisions of Section 16 of the Punjab Land Revenue Act, 1887 and the Haryana Land Revenue Act, 1887, regarding the autho....
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 affirmed that in partition proceedings, the value and location of land must be considered to ensure equitable distribution among co-sharers.
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