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2023 Supreme(P&H) 2867

VIKAS BAHL
Daljit Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Ajay Pal Singh Rehan, Advocate; For the Petitioner
Mr. Yadwinder S. Bhangu, AAG, Punjab for Respondent Nos.1 to 4.
Mr. R.S. Chauhan, Advocate and Ms. Deepika Chauhan, Advocate for Respondent No.5.

Table of Content
1. petition filed under article 226 for mandamus regarding partition order. (Para 1)
2. arguments regarding the maintainability and legality of proceedings. (Para 2 , 3 , 4)
3. court's observations on existing proceedings and remedies available. (Para 5 , 6 , 7)
4. writ petition dismissed due to pending appeal and revision. (Para 8)
5. (Para 9 , 10)

JUDGMENT

Vikas Bahl, J. (Oral)

This is a Civil Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents not to proceed further in pursuance of final order of partition dated 15.02.2021 (Annexure P-5) passed by respondent No.4- Assistant Collector, Ist Grade, Gurdaspur in partition application filed by respondent No.5 bearing No.47/T dated 24.08.2017/33/NT dated 29.04.2019 titled as "Jeevan Verma v. Balwant Kaur etc.".

2. Learned counsel for respondent No.5 has raised a preliminary objection with respect to the maintainability of the present writ petition and has submitted that against the order dated 15.02.2021 (Annexure P-5), the petitioner has filed an appeal before the SDM-cum-Collector, Gurdaspur and the said appeal is pending and is now l


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