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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Sunhera @ Sunehra – Appellant
Versus
State of Haryana – Respondent
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
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
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 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....
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