125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 29.01.2025 Rakesh Kumar ...... Petitioner Versus Financial Commissioner (Revenue), Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Shubham Thakur, Advocate for applicant-petitioner.

Mr. Navneet Singh, Senior DAG Punjab.

-.- -.-

HARSH BUNGER, J. (ORAL)

CM-1340-CWP-2025 This is an application filed under Section 151 CPC for placing on record certain documents as Annexure P-15 to Annexure P-18.

For the reasons mentioned in application, same is allowed and certain documents (Annexure P-15 to Annexure P-18) are taken on record subject to all just exceptions.

Application is accordingly disposed of.

CWP-35238-2024

1. Petitioner (Rakesh Kumar) has filed this writ petition under Articles 226/227 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dated 30.06.2015 (Annexure P-8), passed by Assistant Collector 1^st Grade, Mukerian (in short 'Assistant Collector'); order dated 18.09.2017 (Annexure P-13), passed by Collector, Mukerian (in short 'Collector') and order dated 12.05.2023 (Annexure P-14), passed by Financial Commissioner (Revenue), Punjab (in short 'Financial Commissioner').

1.1 Another prayer has been made for setting aside the sanad takseem (instrument of partition) dated 21.09.2015 (Annexure P-12).

2. Briefly, petitioner (Rakesh Kumar) alongwith respondents No. 12 to 16 filed five separate applications for partition of joint land comprised in five khewats namely :-

2.1 The aforesaid partition applications were filed on the basis of jambandi for the year 2008-09 and the land under partition is situated at village Talwandi Kalan, Tehsil Mukerian, District Hoshiarpur. It is noticed that in all the partition applications, a specific prayer was made by the petitioner and respondents No. 12 to 16 that the partition be conducted by clubbing all the khewats.

2.2 In the aforesaid partition proceedings, mode of partition came to be proposed on 26.05.2014 and same was sanctioned, vide order dated 21.08.2014 (Annexure P-2), passed by learned Assistant Collector. The relevant extract of mode of partition (Annexure P-2) reads as under :-

“1. Partition would be executed/conducted after clubbing all the khewats no. 55/50, 56/51, 57/52, 58/53, 59/54 (as per jambandi for the year 2008-09).

2. The Kurah of petitioner no. 1, joint kurah of petitioners no. 2-3, joint kurah of petitioners no. 4-3, and kurah of petitioner no. 6 would be prepared separately from rest of petitioners. In the claim petition, in the khewat no. 58/53 the kurah of petitioners no. 1 to 5 joint and separate from all. In the claim petition of khewat no. 57/52, the kurah of petitioners no. 3 to 7 joint and separate from rest of all.

3. The partition would be conducted by keeping the possession intact and any kind of fluctuation as per requirement would be solved from the abutting land.

4. The bore, garden falls in the land of which party would be placed in the kurah of same party.

5. The passage of 2 karam would be made as per requirement.

6. The trees etc. would be kept as they are.

7. The partition would be carried out in the supervision of Girdawar and Halqa patwari and they would be responsible to produce the documents after completing the partition process from all the aspects.”

2.3 Thereafter, Naksha 'Arra' was called from field staff. Upon receipt of Naksha 'Arra', objections to same were called, whereupon petitioner (Rakesh Kumar) submitted his objections dated 26.06.2015 (Annexure P-4), the relevant extract of which reads as under :-

“1. That the map, documents which have been prepared by Field staff regarding the partition, the same should be amended. The partition be executed by keeping the possession intact.

2. Partition be executed after visiting the spot