IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CWP-460-2025 (O&M)

Date of Decision: 13.01.2025 Sube Singh ….Petitioner Versus State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Nonish Kumar, Advocate for the petitioner.

Ms. Upasana Dhawan, AAG, Haryana.

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HARSH BUNGER, J. (Oral)

The instant writ petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside of order dated 07.08.2024 (Annexure P-12) passed by the learned Commissioner, Karnal Division, Karnal and order dated 18.12.2024 (Annexure P-14) passed by the learned Financial Commissioner Haryana.

2. Briefly, the petitioner filed an application seeking partition of joint land measuring 119 kanals 14 marlas situated at Village Staundi, Tehsil Gharaunda, District Karnal. In the partition proceedings, after the preparation of Naksha Alif, mode of partition was proposed and objections thereto were called. Ultimately, the mode of partition came to be approved vide order dated 26.11.2019 (Annexure P-4).

2.1 Thereafter, Naksha Bey was called from the field staff. Upon receipt of Naksha Bey, the objections thereto were called from the respective co-sharers.

2.2 It appears that respondents No.5 to 7 submitted objections to Naksha Bey, however, the same were dismissed by the learned Assistant Collector 2^nd Grade, Gharaunda vide order dated 31.08.2021 (Annexure P-7)

and Naksha Bey was approved.

2.3 Feeling aggrieved against order dated 31.08.2021 (Annexure P-7), respondents No.5 to 7 preferred an appeal before the learned Collector, Gharaunda, however the same was also dismissed vide order dated

14.03.2023 (Annexure P-9).

2.4 Thereafter, respondents No.5 to 7 preferred a revision before the learned Commissioner, Karnal Division, Karnal who vide its order dated 07.08.2024 (Annexure P-12) allowed the revision and remanded the matter to the Assistant Collector 2^nd Grade, Gharaunda with a direction to visit the spot and prepare the Naksha Bey in the presence of all the parties.

2.5 Feeling aggrieved against the Commissioner’s order, the petitioners preferred a revision before the Financial Commissioner, Haryana however, the same was also dismissed vide order dated 18.12.2024 (Annexure P-14) by directing the Assistant Collector to finalize the partition within 3 months.

3. In the aforementioned circumstances, the petitioner has filed the instant writ petition before this Court for the reliefs as noticed hereinabove.

4. Heard.

5. Apparently, the petitioner filed an application seeking partition of the joint land wherein mode of partition was approved on 26.11.2019 and Naksha Bey was called from the field staff. Upon receipt of Naksha Bey, respondents No.5 to 7 submitted objections thereto which were dismissed by the Assistant Collector 2^nd Grade, Gharaunda vide order dated 31.08.2021 (Annexure P-7).

5.1 An appeal filed by respondents No.5 to 7 against order dated 31.08.2021 (Annexure P-7) was dismissed vide order 14.03.2023 (Annexure P-9) however, a revision filed against the same by respondents No.5 to 7 came to be allowed vide order dated 07.08.2024 (Annexure P-12) passed by the learned Commissioner, Karnal Division, Karnal by observing as under:

“The counsel for revisionist has argued that the orders passed by the lower courts are against the law as well as the facts, which is illegal and had been passed in arbitrary manner and the principle of natural justice and liable to be set aside. The Naksha Be has wrongly been accepted by the lower courts and the same is not in accordance with the amended mode of partition and the same had not been prepared by visiting on the spot. The revisionist has not been given front in accordance of their share and the front has also been added in wrong manner. Also the continuity of Kurra had not been kept in mind and three part of the land had been made. They are unable to irrigate the three parts. The present revisi