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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Jasvir Singh @ Jasvir Singh Sahota – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARSH BUNGER J.
Petition herein is, filed under Article 226 of the Constitution of India, seeking a writ in the nature of Certiorari, for setting aside the final partition order dated 12.05.2022 (Annexure P-6) passed by learned Assistant Collector 1st Grade, Goraya; order dated 09.10.2023 (Annexure P-9) passed by learned Sub-Divisional Magistrate-cum-Collector, Phillaur and order dated 30.04.2025 (Annexure P-11) passed by the learned Financial Commissioner (Appeals), Punjab.
2. Briefly, present petitioner – Jasvir Singh sought partition of joint land by filing an application before the learned Assistant Collector 1st Grade, Goraya.
2.1 In the first round of litigation, the matter went up to the Court of learned Financial Commissioner (Appeals), Punjab in revision petition i.e. ROR No.315 of 2018, which came to be decided vide order dated 23.10.2020 (Annexure P-4), whereby the matter was remanded to the learned Assistant Collector, for deciding the matter afresh.
3. That on remand, the learned Assistant Collector, proposed the mode of partition dated 07.09.2021 (Annexure P-5), and on that basis, Naksha Bey and Naksha Jeem were prepared and the final partition order dated 12.05
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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