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VIKAS BAHL
Jetha Ram – Appellant
Versus
Financial Commissioner – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned orders dated 16.12.1993, 12.05.1994, 06.09.1994 and 16.02.1999 (Annexures P-2 to P-5).
2. Learned senior counsel appearing for the petitioners has submitted that in the present case, respondents No.2 and 3 had filed an application for partition of land measuring 118 kanals 6 marlas situated in village Chak Chhapriwala, Tehsil Fazilka, District Ferozepur before the Assistant Collector Ist Grade, Fazilka and the said application was contested by the petitioners who had filed objections stating therein that the question of title was involved in the partition proceedings as the petitioners had exchanged their land with respondents No.2 and 3 about 30 years back and respondents No.2 and 3 had given their share of land i.e. 13 kanals 10 marlas in village Chak Chhapriwala to the petitioners and no land was then left with them in the said village and the said question of title was required to be determined as in case the said question of title was decided in favour of the petitioners, then no cau
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 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 High Court confirmed rights established under a 1955 partition decree, emphasizing that the execution of civil court judgments must be respected without unauthorized administrative interference.
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.
Consent orders binding parties must be honored unless evidence of fraud or misrepresentation is provided.
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....
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