117+221 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

CM-4284-CWP-2025 in/and CWP-1560-2024 (O&M)

Date of Decision: 11.06.2025 Rajender Singh ..... Petitioner Versus The State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present: Mr. Rajender Goel, Advocate for the petitioner.

Mr. Kapil Bansal, DAG, Haryana.

Mr. Pavan Malik, Advocate for respondents No.5 to 9.

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HARSH BUNGER J. CM-4284-CWP-2025 This is an application filed for placing on record the written statement of respondent No.8.

For the reasons mentioned in the application, the same is allowed as prayed for and written statement of respondent No.8 is taken on record, subject to all just exceptions.

Application stands disposed of accordingly.

The present 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 orders dated 11.09.2023 and 19.09.2023 (Annexure P-13/T, collectively) passed by learned Collector, Nuh.

2. Briefly, petitioner- Rajender Singh along with his brothers namely Ramesh Singh and Vinod Singh and private respondents No.5 to 9 were co-sharers in the joint land measuring 227 kanals 2 marlas situated at Village Ujina, Tehsil and District Nuh. The aforesaid joint land is comprised in two khewats i.e. khewats No.1588/1563 and 1297/1358.

2.1 The private respondents herein filed two separate applications seeking partition of joint land before the revenue authorities wherein the petitioner appeared and submitted his reply. On an application submitted by the petitioner herein, both the aforesaid partition applications were clubbed/consolidated on 01.12.2022.

2.2 During the course of the aforesaid partition proceedings, the petitioner- Rajender Singh filed an application on 15.12.2022 praying that his khewat should be separated from the other co-sharers.

2.3 It transpires that the private respondents herein through their counsel suffered a statement in the aforesaid partition cases that they do not want to proceed with the partition and accordingly they sought withdrawal of their partition application on 29.05.2023.

2.4 It appears that considering the prayer of the private respondents to withdraw from the partition, the petitioner herein filed an application dated 01.06.2023 (Annexure P-8/T) requesting the learned Assistant Collector to continue with the partition proceedings by transposing the petitioner and his brothers as applicants seeking partition and for concluding the partition.

2.5 On the above referred applications, i.e. an application submitted by the private respondents for withdrawal from partition and the application (Annexure P-8/T) submitted by the petitioner herein for transposing them as the partition applicants and concluding the partition, the learned Assistant Collector 1^st Grade, Nuh passed an order dated 01.06.2023, which reads as under:

“01.06.2023 File presented. Case was called. Counsel for the parties are presented. Counsel for the applicant had filed an application for withdrawal of the partition case on dated 29.05.2023 on which the respondents have raised objections and have stated that they wants to be transposed as applicants and wants to get their separate khewat. This case is pending since long and is on the verge of preparation of Naksha “Kh”. After hearing both the parties I have come to the conclusion that it will be legal and appropriate to continue with the proceedings of this case instead of consigning the same to records. Objections of the respondents are accepted. Now the file be presented on

08.06.2023 for amended title.

Sd/-

A.C. Ist Grade, Nuh”

2.6 Thereafter, the petitioner submitted an amended case for partition on 08.06.2023 (Annexure P-9/T).

2.7 In the partition proceedings, Naksha ‘Kh’ was approved on

10.07.2023 and thereafter Naksha ‘Ga’, was also approved and thereafter Sanad Taksim dated 28.07.2023 (Annexure P-11) was issued by learned Assistant Collector 1^st Grade, Nuh.

2.8 It app