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VINOD S. BHARDWAJ
Iqbal Singh – Appellant
Versus
Financial Commissioner – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
The present petition raises a challenge to the order dated 29.09.2011 passed by the Financial Commissioner (Annexure P-14) vide which the petition filed by the petitioners was dismissed on the ground of maintainability. Challenge is also raised to the order dated 13.11.2007 passed by the Divisional Commissioner, Jalandhar (P-12) whereby the well reasoned order dated 20.03.2007 (Annexure P-8) passed by the Collector had been set aside.
2. Briefly summarized the case of the petitioners is that they are co-owners to the extent of 1/6th and 2/3rd share respectively in total land measuring 18 kanal and 05 marlas. An application for seeking partition of the land was moved on behalf of respondent No.2 i.e. Harwinder Kaur D/o Ajit Singh on 11.08.2005. Notice was accordingly issued to the respective parties and Mode of Partition was approved by the Assistant Collector, First Grade, on 26.09.2006. As per Clause 1 of the aforesaid Mode of Partition, the possession of the parties was to be kept intact while Clause 3 prescribes that passage should be attached with the existing ridge as per the need. Aggrieved of the aforesaid Mode of Partition, the petitioner
The main legal point established in the judgment is that the mode of partition, if not challenged within the statutory limit, attains finality, and the court will not entertain complaints about it af....
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.
The court upheld the validity of partition proceedings, confirming adherence to legal principles and due process, dismissing petitions challenging the partition as meritless.
The main legal point established in the judgment is that land on the road should be divided amongst all the co-sharers in proportion to their share in the total land holding, as per the Haryana Land ....
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 court upheld the partition proceedings as lawful, confirming adherence to the approved mode of partition and dismissing claims of unjust disturbance of possession.
An unchallenged mode of partition results in the finality of the partition instrument, making subsequent challenges to the instrument unsustainable.
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