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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Active Promoters Private Limited – Appellant
Versus
Financial Commissioner, Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-31057-2024.
2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 28.10.2024 (Annexure P-33) passed by Financial Commissioner, Haryana whereby order dated 29.12.2008 and Sanad Takseem dated 29.12.2008 issued by Assistant Collector 2nd Grade, order dated 30.05.2023 (Annexure P-20) passed by Collector and order dated 22.11.2023 (Annexure P-22) passed by Commissioner, Gurugram have been set-aside. The said Authority has also set-aside mutation No. 849 dated 10.08.2009.
3. As per pleadings, on the two applications of petitioners, partition proceedings with respect to two khewats comprising 298 Kanals (22+276) and 22 Marlas (3+19) land were initiated by Assistant Collector. The mode of partition was finalized vide order dated 28.04.2008 (Annexure P-11) and Naksha-Bey was finalized on 28.11.2008 (Annexure P-12). Sanad Takseem was issued on 29.12.2008 and mutation was
Partition of land - Power to call for, examine and revise proceedings of Revenue Officers - In exercise of revisional jurisdiction by the Commissioner, he cannot modify or reverse orders of his subor....
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....
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 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....
The main legal point established is that the service of summons in partition proceedings must comply with the law, and the Financial Commissioner has the power to review the legality of orders passed....
The High Court confirmed rights established under a 1955 partition decree, emphasizing that the execution of civil court judgments must be respected without unauthorized administrative interference.
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