JUDGMENT :

Harsh Bunger, J. (Oral)

CM-129-CWP-2025

1. This is an application filed under Section 151 CPC for placing Khasra Girdawari (Annexure P-11) on record.

2. For the reasons mentioned in application, same is allowed and Khasra Girdawari (Annexure P-11) is taken on record subject to all just exceptions.

3. Application is accordingly disposed of.

CWP-26042-2024

1. Petitioners (Sukhdev Singh and another) have filed the instant civil writ petition under Articles 226/227 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for quashing the orders dated 19.03.2021, 23.09.2021 (Annexure P-6 and Annexure P-7, respectively), passed by Assistant Collector 1st Grade, Shahkot, and the order dated 15.05.2024 (Annexure P-8), passed by learned Financial Commissioner (Appeals), Punjab (in short 'Financial Commissioner').

2. Briefly, respondent No. 3 herein, namely, Jagdeep Singh filed an application seeking partition of joint land measuring 56 kanal-6 marla, comprised in Khewat No. 305/345, 306/346, 307/347, 308/348 and 487/548, situated in village Bahmania, Tehsil Shahkot, District Jalandhar.

2.1 It appears that the present petitioners were proceeded against ex-parte in the aforementioned partition proceedings, vide order dated 13.09.2019. The mode of partition was prepared on 05.01.2021 (Annexure P-2) and thereafter, Naksha 'Arra' and Naksha 'Erri' were approved, final order of partition was passed on 19.03.2021 (Annexure P-6) and ultimately sanad takseem (instrument of partition) was issued on 23.09.2021 (Annexure P-7).

2.2 Petitioners challenged the partition proceedings/sanad takseem by filing a revision petition (ROR No. 74 of 2023) before learned Financial Commissioner, however, the same was dismissed, vide order dated 15.05.2024 (Annexure P-8).

3. In the aforementioned circumstances, the petitioners have filed the instant civil writ petition before this Court for the relief(s), as notice hereinabove.

4. Learned counsel for petitioners submits that learned Assistant Collector 1st Grade, Shahkot has carried out the partition proceedings in a totally illegal and arbitrary manner wherein the present petitioners were wrongly proceeded against ex-parte. It is further

submitted that even the final partition is against the sanctioned mode of partition as the possession of present petitioners over the land comprised in Rect. No. 34, Killa No. 2/2, 3/1 has been disturbed. Accordingly, it is prayed that the impugned partition proceedings/impugned orders be set aside and the matter be remanded to Assistant Collector 1st Grade, Shahkot for carrying out partition proceedings afresh in accordance with law.

5. Heard.

6. As regard the contention raised on behalf of the petitioners that present petitioners were wrongly proceeded against ex-parte, learned Financial Commissioner has considered the said submission raised on behalf of petitioners and rejected the same by observing as under :-

"6. I have heard the arguments advanced by the counsels of both parties and also perused the record and orders of the lower court. In this case Jagdeep Singh filed application for partition of land measuring 56 Kanals 6 Marlas situated in the revenue estate of village Bahmnian, Tehsil Shahkot, District Jalandhar has been allowed. The Tehsildar-cum-Assistant Collector 1st Grade, Shahkot vide its order dated 19.03.2021 has passed the order of final partition and issued the Sanad Takseem on 23.09.2021. The petitioner being aggrieved by this has filed the present revision petition before this Court. After perusal of the facts and the record of the lower court, the present revision petition has been filed primarily on the ground that no effective service has effected upon the petitioners as per the procedure laid down in the section 20 of the Punjab Land Revenue Act, 1887. The counsel for the petitioners has raised the specific objections that the Tehsildar-cum-Assistant Collector 1st Grade, Shahkot has not followed the procedure as laid down in the Secti