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 whereupon, the learned Assistant Collector 1st Grade ordered for preparing an amended Naksha Bey. It appears that thereafter, Naksha Bey was again received in the aforesaid partition proceedings and the same was approved vide order dated 15.12.2017 (Annexure P-6).

2.4 It appears that respondents No. 3 and 4 herein challenged the aforesaid order dated 15.12.2017 (Annexure P-6) by filing an appeal before the learned Collector, Jhajjar which came to be allowed vide order dated 24.07.2018 (Annexure P-7) whereby, the said order dated 15.12.2017 was set aside and the matter was remanded to the learned Assistant Collector with the direction that land comprised in Rectangle No. 168, Killa No. 4/1 be kept as per possession after inspecting the spot and no other amendment be done in the Naksha Bey. It was also directed that the purchaser of land be allocated his purchased area.

2.5 It transpires that upon remand, the learned Assistant Collector again approved Naksha Bey vide order dated 02.07.2021 by observing that the amended Naksha Bey was correct and there was no need for any correction.

2.6 Thereafter, respondents No.3 to 6 challenged the order dated 02.07.2021 (whereby Naksha Bey was approved), by filing an appeal before the learned Collector, Jhajjar.

2.7 The above referred appeal came to be allowed by learned Collector, Jhajjar vide its order dated 22.03.2022 (Annexure P-2) and then the matter was again remanded to the learned Assistant Collector 1st Grade, Matanhail to prepare a revised Naksha Bey by keeping in view the appeal of the appellants therein (respondents No.3 to 6 in the present petition), order dated 24.07.2018 (Annexure P-7) passed by the learned Collector, Jhajjar and after inspection of the spot.

3. Feeling aggrieved against the aforesaid order dated 22.03.2022 (Annexure P-2), the present petitioners preferred a revision petition (ROR No.394 of 2022) before the learned Financial Commissioner, Haryana, which came to be disposed of vide order dated 15.10.2024 (Annexure P-1).

4. In the aforementioned circumstances, the petitioners have filed the instant writ petition before this Court for the reliefs as noticed hereinabove.

5. Learned counsel for the petitioners submits that the learned Collector, Jhajjar as well the learned Financial Commissioner, Haryana have erred in law and fact in passing the impugned order. It is submitted that order dated 24.07.2018 (Annexure P-7), passed by the learned Collector has attained finality between the parties and therefore, the observations made by the learned Financial Commissioner, Haryana in the impugned order dated 15.10.2024 (Annexure P-1) that the direction contained in the order dated 24.07.2018 (Anneuxre P-7) directing that the vendees be given the land purchased by them is wrong; is not legally valid. Lea