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(3-10) situated in the area of village Nanowal, Hadbast No.99, Tehsil Khamanon, District Fatehgarh Sahib as per Jamabandi for the year 2012-13.

3. During the first round of litigation, the matter had gone up to the Financial Commissioner Revenue, Punjab, Chandigarh who, had directed the authorities to decide the same afresh after hearing all the parties. After the said remand order, the Assistant Collector 1st Grade (Tehsildar), Khamanon, Fatehgarh Sahib/respondent No.2, vide order dated 10.12.2019 (Annexure P-1) approved Naksha "Irri" and respondent No.4 was directed to present the stamp paper worth Rs.500/- alongwith application for the purpose of sanad takseem on the expiry of the period of limitation for filing the appeal. In the said order, respondent No.2 had observed that after the remand of the case, spot was inspected in the presence of the parties and objections raised by petitioners No.1 to the effect that there was a passage from the side of Khasra No.40//26 and that passage should be given to respondent No.4 instead of providing a passage from western side of Khasra No.40//22 and western and northern side of 19/2 was taken note of. It was observed that, after the spot inspection, it surfaced that Khasra No.40//26 was not a part of the application for partition and since the co-sharers to the present partition application did not have any share in the said land, therefore, no passage could have been provided from the said Khasra number. It was also observed that on the basis of the same, an amended Naksha "Arra" was submitted on 10.09.2019 and was shown to the parties and the objections were invited and although, the present petitioners had submitted the objections on the aspect of passage but the counsel for the petitioners did not appear for substantiating his objections. It is further apparent in the impugned order that the objections of the present petitioners to the amended Naksha "Arra" were considered and the same was rejected on the ground that Khasra No.40//26 was not part of the partition proceedings and thereafter, the amended Naksha "Arra" was passed on 15.10.2019 and directions were issued to prepare Naksha "Irri". After the Naksha "Irri" was prepared, the same was compared with Naksha "Arra" and the same was found to be correct and no objection was raised by any of the parties, much less, by the petitioners against Naksha "Irri" inspite of an opportunity having been granted and accordingly, Naksha "Irri" was approved on 10.12.2019. Against the order dated 10.12.2019 (Annexure P- 1), an appeal was filed before the Collector, District-Fatehgarh Sahib by the petitioners which was dismissed on 21.04.2022 (Annexure P-2).

4. The sole argument raised before the Collector was to the effect that the passage should be provided from Khasra