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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Surender – Appellant
Versus
Financial Commissioner, Haryana – Respondent
JUDGMENT :
Harsh Bunger, J. (Oral)
1. Petitioners have filed the instant writ petition under Article 226 of the Constitution of India for setting aside of order dated 22.03.2022 (Annexure P-2) passed by the learned Collector, Jhajjar and also order dated 15.10.2024 (Annexure P-1) passed by the learned Financial Commissioner, Haryana.
2. Briefly, petitioners No.1 to 3 claim to have purchased land measuring 4 kanals from petitioners No.4 and 5 vide sale deed dated 28.08.2006 (Annexure P-3).
2.1 On 28.06.2013, respondents No.3 to 6 herein filed an application seeking partition of joint land measuring 269 kanals-2 marlas comprised in Khewat No.548/457 Khatoni No.597 (as per jamabandi for the year 2003-04) situated in Village Akheri Madanpur, Tehsil Matanhail, District Jhajjar.
2.2 In the aforesaid partition proceedings, the mode of partition came to be approved vide order dated 30.09.2016 (Annexure P-4) and Naksha Bey was called from the field staff. On receipt of Naksha Bey, objections thereto were called by the concerned Assistant Collector from the respective parties/co-sharers.
2.3 It transpires that respondent No.3 herein filed objections dated 15.12.2017 (Annexure P-5) to Naksha Bey wh
The main legal point established in the judgment is that land on the road should be divided amongst all the co-sharers in proportion to their share in the total land holding, as per the Haryana Land ....
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
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 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....
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