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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Ashok Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harsh Bunger, J. (Oral)
1. This order shall dispose of two writ petitions, bearing CWP-3035-2022 and CWP-13719-2022 and for the purpose of passing this order, the facts are being taken from CWP-3035-2022.
2. The present petition (CWP-3035-2022) has been filed under Articles 226/227 of the Constitution of India inter alia seeking a writ in the nature of Certiorari for setting aside order dated 24.12.2019 (Annexure P-1) passed by the learned Collector, Charkhi Dadri and order dated 12.10.2021 (Annexure P-2) passed by the learned Commissioner, Rohtak Division, Rohtak.
3. Briefly, the petitioner had filed application(s) dated 03.05.2017 (Annexure P-3) seeking partition of joint land comprised in Khewat No.263/215, measuring 183 kanals 10 marlas situated within the revenue estate of Village Dudhwa, Tehsil and District Charkhi Dadri, as per jamabandi for the year 2014-15.
4. It transpires that the partition proceedings culminated with the drawing of Sanad Takseem (instrument of partition) dated 01.05.2019 (Annexure P-11).
5. The aforesaid partition proceedings came to be challenged by way of two appeals i.e. one filed by Anand Kumar (respondent No.5 in CWP-3035-2022) and another app
The main legal point established in the judgment is the interpretation of the provisions of Section 16 of the Punjab Land Revenue Act, 1887 and the Haryana Land Revenue Act, 1887, regarding the autho....
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
Due process must be followed in partition proceedings to ensure all parties have the opportunity to present their objections, reinforcing the principle of fair hearing.
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.
The main legal point established in the judgment is the interpretation of the jurisdiction of the Financial Commissioner and the Commissioner in revising partition orders under the un-amended and ame....
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