IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Gurmail Singh - Petitioner
Versus
Financial Commissioner (Appeals), Punjab and others - Respondent
CWP-21101-2025 (O/M)
Decided On : 27-01-2026
JUDGMENT :
HARSH BUNGER, J.
1. Prayer in this civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside order dated 19.09.2022 (Annexure P-3) and order date 14.12.2022 (Annexure P-4), passed by Assistant Collector 1st Grade, Patiala (in short 'Assistant Collector'); order dated 28.08.2023 (Annexure P-6), passed by learned Collector, Patiala (in short 'Collector') and also order dated 03.04.2025 (Annexure P-8), passed by learned Financial Commissioner (Appeals), Punjab (in short 'Financial Commissioner').
2. Briefly, respondent No. 4 (Dhanna Singh) sought partition of joint land measuring 27 Kanal – 8 Marla, situated at village Madho Majra, Tehsil and District Patiala, wherein petitioner, who was arrayed as respondent No. 2, appeared before Assistant Collector and submitted his reply.
2.1 In the aforesaid partition proceedings, following mode of partition was approved :-
“1. The total land area under partition is 27 kanals 08 marla in village Maddo Majro, Tehsil and District Patiala, in which applicant is the co-owner.
2. The land will be partitioned by maintaining possession. A separate pocket (Tuck) of applicant will be established. If there is road front, the parties will be allotted according to the share. As per the requirement, a passage and water course (khaal) will be established.
3. A separate pocket/tuck of applicant and a separate common/consolidated pocket/tuck of all respondents will be established.
4. The party, in whose are the tubewells/bores are installed, will be allotted that area.
5. If a bank loan has been taken by any party, then the area that falls under that party's share will be considered as mortgaged without possession (Aad-Rehan).
6. In case the area of the khewat decreases or in case any party sells more than its share, the area will be deducted from the last buyer.
7. The documents for the partition will be prepared by the Kanungo Halqa and the stamps will be produced by the applicant for Sanad Taksim.
8. A deficiency of 2 biswas or 3 marlas may be ignored.”
2.2 On the basis of aforesaid mode of partition, Naksha 'bey' was called from the field staff.
2.3 Upon receipt of Naksha 'Bey' from the field staff, objections of parties were called, whereupon petitioner submitted his objections to proposed Naksha 'Bey'.
2.4 It appears that objections submitted by petitioner to the proposed Naksha 'Bey' were dismissed, vide order dated 19.09.2022 (Annexure P-3) and Naksha 'Zeem' was called from the field staff.
2.5 Upon receipt of Naksha 'Zeem' on case file, petitioner submitted his objections to Naksha 'Zeem' as well; however, vide order dated 14.12.2022 (Annexure P-4), said objections were also dismissed.
2.6 Feeling aggrieved against orders dated 19.09.2022 (Annexure P-3) and 14.12.2022 (Annexure P-4), whereby Naksha 'Bey' and Naksha 'Zeem' were approved, petitioner preferred an appeal before learned Collector, which was dismissed, vide order dated 28.08.2023 (Annexure P-6).
2.7 Still aggrieved, petitioner preferred a revision before learned Financial Commissioner, which has also been dismissed, vide order dated 03.04.2025 (Annexure P-8).
3. In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court for seeking relief (s), as noticed hereinabove.
4. Learned counsel for petitioner submits that the revenue authorities have erred in carrying out the partition proceedings inasmuch as that petitioner has been allotted land less than his due entitlement. It is submitted that petitioner is co-owner to the extent of 13 bigha – 14 biswa, whereas he has been allotted land to the extent of 6 bigha – 13-2/3 biswa, which is less than his due entitlement. It is next submitted that 3 karam wide passage has been provided to the block of petitioner, which has resulted in wastage of land. It is contended that only 2 karam wide rasta should have been provided. It is further submitted that peti
In partition proceedings, the sanctioned mode of partition based on the consent of the parties is binding. Co-sharers who participate in such proceedings and agree to partition a specific portion of ....
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
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