JUDGMENT :

HARSH BUNGER. J. 

Petition herein is, inter alia, seeking a writ in the nature of Certiorari for setting aside order dated 10.04.2023 (Annexure P-1) passed by the learned Financial Commissioner, Haryana.

1.1 A further prayer has been made for directing the learned Assistant Collector, 2nd Grade, Julana, to initiate partition proceedings afresh from the stage of Mode of Partition.

2. Briefly, respondent No.4 – Ramesh Chandar @ Ramesh sought partition of the joint land measuring 13 Kanal-18 Marla, comprised in Khewat No.221 (as per Jamabandi for the year 2013-14), situated in Village Karsola, Tehsil Julana, District Jind, Haryana, pursuant to which the following Mode of Partition came to be prepared by the learned Assistant Collector, 2nd Grade, Julana:-

“The Mode of Partition is as follows:

1- Total of 13 Kanal 18 Marla land is available for distribution in Mishal Haza.

2- The partition should be done while maintaining possession.

3- A total of 7 Taka should be made, one Taka for plaintiff and second Taka for defendant No.1. Third Taka for defendant No.23. Third Taka for defendant No.23. New 4.5 fifth respondent no.6 sixth one respondent no.7 eighth respondents No.8, 9, 10 should be made.

4- Path and drainage should be applied to every Tak whose land is cut from cultivated land.

5- The surplus should be met from the adjoining land.

6- Tree house and tube well should be kept as per entire land.

7- Fee sharing free Rupees are fixed.”

2.1 It appears that on the basis of the aforesaid Mode of Partition, the field staff prepared the Naksha Bey on 09.10.2017, which came to be approved on 19.01.2018.

2.2 It further transpires that respondent No.3 – Sharmila challenged the approved Naksha Bey by filing an appeal before the learned Collector, Sub Division Jind, which was dismissed vide order dated 18.06.2018 (Annexure P-3). Thereafter, respondent No.3 preferred a revision petition before the learned Divisional Commissioner, Hisar, who, vide order dated 19.03.2019 (Annexure P-4), disposed of the revision petition and remanded the matter to the learned Assistant Collector, 2nd Grade, Julana, with the following directions:-

“5. Therefore, in view of the circumstances described above, this case is remanded to the Assistant Collector, Second Class, Julana, with the direction to first ascertain whether the area for the road has been deducted from the area of respondents Ramesh and Sunehra as per their share. Furthermore, by inspecting the spot, it should also be ascertained who is actually in possession of Fort No.19/1. Thereafter, further action regarding the map in the case should be taken. Both parties are instructed to appear in the court of Assistant Collector, Second Class, Julana on 09.04.2019 for further proceedings. The record of the subordinate court should be sent back. After the case file, the order and completion should be filed in the record room.”

2.3 Thereafter, a fresh Naksha Bey was prepared and approved on 23.01.2020, and the partition proceedings were ultimately concluded with the drawing of Sanad Takseem dated 26.02.2020 (Annexure P-6).

2.4 The aforesaid partition proceedings/Sanad Takseem dated 26.02.2020 (Annexure P-6) were challenged by respondent No.3 by filing a revision petition (ROR No.350 of 2019-2020) before the learned Financial Commissioner, Haryana, which came to be allowed vide order dated 10.04.2023 (Annexure P-1), by holding as under:-

“Arguments heard. The Ld. Counsel for Petitioner submits that the remand order 19.03.2019 of the Commissioner, Hisar Division in Ex. Revision No.13727/Taksim of 2018 has not been complied with. It is submitted by the Counsel that the Petitioner was in possession of killa no.101//19/1, but allotted Tak in killa no.101//12/2/2/3 (1-7) as per the impugned Sanad Taksim. It is submitted by the Counsel that the Petitioner’s land in other khewats is contiguous to killa no.101//19/1 and that she was in possession of the said killa number before the partition.

The impugned Sanad Taksim dated