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RAJESH BHARDWAJ
Devi Singh – Appellant
Versus
Financial Commissioner (Appeals) Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J.
This order shall dispose of above mentioned two writ petitions arising out of the same partition proceedings.
2. Present writ petitions have been filed for setting aside the order dated 25.07.2022 passed by the learned Financial Commissioner (Annexure P-9) and for setting aside the order dated 30.08.2018 passed by the learned AC, 1st Grade (Annexure P-6) vide which, the partition application has been allowed and further for setting aside the order dated 22.08.2019 (Annexure P-7) passed by the learned Sub Divisional Magistrate-cum-Collector and for setting aside the order dated 26.02.2021 passed by the learned Commissioner (Annexure P-8) along with all other consequential proceedings arising out of the partition application made by respondent No.1 whereby the land has been partitioned against the law without following the settled principles of law against the statute and without following due process of law. Further prayer has been made for staying the dispossession of the petitioner from the land in dispute and for staying the operation and execution of impugned order of partition and Sanad Takseem, if any issued, whereby land has been partitioned.
3. It
The court upheld the validity of partition proceedings, confirming adherence to legal principles and due process, dismissing petitions challenging the partition as meritless.
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.
Equitable allocation of land and adjustment for equitable partition are crucial in upholding the mode of partition, and disturbance of possession does not necessarily invalidate the partition.
The court upheld the partition proceedings as lawful, confirming adherence to the approved mode of partition and dismissing claims of unjust disturbance of possession.
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