IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1899-2025(O&M)

Date of decision :28.01.2025 SUSHMA RUSTAGI AND ANOTHER …Petitioners Versus FINANCIAL COMMISSIONER, HARYANA, NEW CIVIL SECRETARIAT, SECTOR 17, CHANDIGARH AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Anil Kumar, Advocate for the petitioners.

Ms. Upasana Dhawan, A.A.G., Haryana.

HARSH BUNGER, J. [ORAL]

Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari for setting aside the order dated 06.12.2014 (Annexure P-5); orders dated 21.04.2016/26.05.2016 (Annexure P-7) passed by the learned Assistant Collector IInd Grade, Rewari and also the order dated 20.12.2023 (Annexure P-10) passed by the learned Financial Commissioner, Haryana.

2. Briefly, respondent Nos.5 to 26 herein filed an application seeking partition of joint land, comprised in khewat No.489/412, measuring 59 Kanals 7 Marlas situated at Village Nandrampur Bas, Sub Tehsil Dharuhera, Tehsil and District Rewari, as per jamabandi for the year

2008-09.

2.1 Petitioners appeared in the said partition proceedings before the learned Assistant Collector IInd Grade, Rewari and presented an application for adjourning the partition proceedings sine die as a status-quo order was passed in revision petition (ROR-153/2013-14), which was a matter relating to the correction of khasra girdawari. It appears that when the matter was listed before the concerned authority on 06.12.2014 (Annexure P-5), there was no representation on behalf of the present petitioners; accordingly, they were proceeded against ex-parte by dismissing the above-referred application submitted by them for adjourning the partition proceedings sine-die. Thereafter, the Revenue authority proceeded with the partition matter, wherein naksha bay came to be approved on 21.04.2016 (Annexure P-7) and naksha zeem was sanctioned on 26.05.2016 (Annexure P-7) and thereafter, sanad takseem was also issued.

2.2 It transpires that the present petitioners preferred a revision petition (ROR-336/2015-16) before the learned Financial Commissioner, Haryana, challenging the partition proceedings/order, including the sanad takseem; however, the same was dismissed by the learned Financial Commissioner, Haryana vide order dated 20.12.2023 (Annexure P-10).

2.3 In the afore-mentioned circumstances, the present writ petition has been filed before this Court for the relief/s, as noticed here-in-above.

3. Learned counsel for the petitioners submits that the learned Assistant Collector IInd Grade, Rewari, has erred in law and fact in deciding the partition proceedings, despite the fact that there was an order dated 18.02.2014 (Annexure P-9) passed by the learned Financial Commissioner, in ROR-153/2013-14; directing that “status quo be maintained in all respects”; therefore, the learned Assistant Collector, should not have proceeded with the partition proceedings, until the decision of the afore-said revision petition i.e. ROR-153/2013-14. It is further submitted that even otherwise, the learned Assistant Collector had wrongly proceeded ex-parte against the present petitioners and therefore, the entire partition proceedings have been held at their back, which are un-sustainable in the eyes of law. It is contended that even the learned Financial Commissioner, has failed to consider and appreciate the issues raised before him and has wrongly dismissed the revision petition, vide impugned order dated 20.12.2023 (Annexure P-10). Accordingly, it is prayed that the impugned partition proceedings/orders may be set aside and the matter may be remanded to the learned Assistant Collector IInd Grade, Rewari, for afresh decision, in accordance with law.

4. Heard.

5. At the outset, it requires to be noticed that the petitioners have tried to mislead this Court by attaching a manipulated order dated 18.02.2014 (Annexure P-9), wherein a reflection has been given that the learn