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VIKAS BAHL
Balwinder Dass alias Gurnam Dass – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. writ petition for certiorari application. (Para 1 , 2 , 3) |
| 2. arguments regarding access to passages. (Para 4 , 5) |
| 3. court affirms previous findings on khasra. (Para 6 , 7 , 8) |
| 4. writ petition dismissed due to lack of merit. (Para 9) |
JUDGMENT
Vikas Bahl, J. (Oral)
This writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the order dated 10.08.2022 (Annexure P-5) passed by respondent No.1 and order dated 10.12.2019 (Annexure P-1) passed by respondent No.2 whereby the partition application filed by respondent No.4 has been decided. Challenge has also been laid to the order dated 21.04.2022 (Annexure P-2) passed by the Collector, Sub Division Khamano, District Fatehgarh Sahib.
2. Brief facts of the present case are that an application under Section 11 1 of the Punjab Land Revenue Act was filed by respondent No.4 Gurdas Singh with respect to land comprised in Khewat No.422/417 Khatoni no.462, Khasra Number 40//6(7-9), 40//7/1(1-1), 40//13(8-0), 14(8- 0), 15(8-0), 16(8-0), 17(8-0), 18(8-0), 19/2(4-18), 22(8-0), 23(8-0), 24(8-0), 25(8-0), 41//10(3-8), 11(3-6), 4//20(3-8), 21(3-1
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 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 court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
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....
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