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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S.Sandha Walia, Meenakshi I.Mehta
Sukhdev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Meenakshi I. Mehta, J. -
Feeling aggrieved by the judgment handed down by learned Single Judge on 21.03.2016, whereby Civil Writ Petition No. 18737 of 2014, filed by the appellants for seeking the issuance of a writ in the nature of certiorari, setting-aside the order as passed by respondent No. 1-Financial Commissioner, Punjab on 09.07.2014 (Annexure P-15), qua the dismissal of the revision-petition moved by them (appellants) and the order, rendered by respondent No.2-the Divisional Commissioner, Patiala on 29.08.2012 (Annexure P-13), accepting the revision-petition, as filed by respondent No. 5 to assail the orders Annexures P-10 and P-11 passed by respondent No.4-Assistant Collector 1st Grade, Payal and respondent No.3-Collector, Sub Division, Jagraon on 16.11.2011 and 19.06.2012 respectively, has been dismissed and the appellants have been burdened with the costs to the tune of Rs. 2,00,000/-, payable to respondent No.5 and have also been imposed another sum of Rs. 50,000/- as costs to be deposited with the District Legal Services Authority, Ludhiana, they (appellants) have chosen to prefer the instant Letters Patent Appeal to lay challenge to the same.
The court affirmed that in partition proceedings, the value and location of land must be considered to ensure equitable distribution among co-sharers.
Judicial review under Article 226 is limited to procedural irregularities; the court does not act as an appellate authority over quasi-judicial decisions unless glaring errors are present.
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.
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