121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5822-2025 (O/M)

Date of decision : 08.07.2025 Jarnail Singh and others ...... Petitioners Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Vikram Singh, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Senior DAG Punjab.

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HARSH BUNGER, J. (ORAL)

1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside orders dated 12.03.2018 (Annexure P-6); 28.05.2018 (Annexure P-7); 09.07.2018 (Annexure P-8);

04.08.2021 (Annexure P-11) and 17.08.2022 (Annexure P-13).

2. Briefly, the partition proceedings in respect of land measuring 254 Bigha – 1 Biswa were started way back in the year 1990 and it appears that vide order dated 27.05.1991, sanad takseem was also issued, however, subsequently, learned Collector, Rajpura (in short 'Collector') granted permission, vide order dated 25.04.1995 (Annexure P-2), for reviewing the sanad takseem dated 27.05.1991. Thereafter, Naksha 'Arra' was prepared on 17.08.1995. which was challenged by the petitioners by filing a revision petition before learned Commissioner, Patiala Division, Patiala, however, the same was dismissed, vide order dated 26.03.1998 (Annexure P-3).

2.1 Thereafter, the petitioners preferred a revision petition (ROR-759-1998) before learned Financial Commissioner, Appeals-I, Punjab, however, the same was dismissed, vide order dated 08.01.2008 (Annexure P-4).

2.2 It transpires that subsequently one of co-sharers, namely, Jagmal Singh, sought re-opening of the partition proceedings, whereupon an order dated 29.01.2018 (Annexure P-5), came to be passed and the partition proceedings proceeded further wherein, vide order dated 12.03.2018 (Annexure P-6), Naksha 'Erri' was called. The said order dated 12.03.2018 (Annexure P-6) was challenged by the petitioners by filing an appeal before the learned Collector, Dera Bassi, however, the same was dismissed, vide order dated 28.05.2018 (Annexure P-7).

2.3 It appears that partition proceedings culminated with the drawing of sanad takseem, vide order dated 09.07.2018 (Annexure P-8).

2.4 In the meantime, the petitioners preferred a revision petition, challenging the order dated 12.03.2018 (Annexure P-6) and order dated 28.05.2018 (Annexure P-7) before learned Commissioner, Rupnagar Division, Rupnagar, which was accepted, vide order dated 29.03.2019 (Annexure P-9). The aforesaid order dated 29.03.2019 (Annexure P-9) came to be challenged by respondents No. 5 and 6 by filing a revision petition (ROR-266-2019) before learned Financial Commissioner (Revenue), Punjab, primarily on the plea that learned Commissioner, Rupnagar Division, Rupnagar has no jurisdiction to hear the revision petition especially in the light of judgment rendered by this Court in the case of Amar Khan and others Versus State of Punjab and others

2.5 It appears that aforesaid revision petition (ROR-266-2019) came to be allowed by learned Financial Commissioner (Revenue), Punjab, vide order dated 04.08.2021 (Annexure P-11).

2.6 Evidently, no challenge was made to order dated 04.08.2021 (Annexure P-11) by the petitioners. Rather, the petitioners again challenged the order dated 12.03.2018 (Annexure P-6); order dated 28.05.2018 (Annexure P-7) alongwith sanad takseem dated 09.07.2018 (Annexure P-8) by filing another revision petition (ROR-886-2021) before learned Financial Commissioner (Revenue), Punjab, however, the same was dismissed, vide order dated 17.08.2022 (Annexure P-13).

2.7 Thereafter, the petitioners approached this Court by way of filing a civil writ petition (CWP-21253-2022), challenging order dated 17.08.2022 (Annexure P-13), passed in ROR-886-2021, which was dismissed, vide order dated 12.08.2024 (Annexure P-14).

2.8 Thereafter, the petitioners filed an intra-court appeal (LPA-2167-2024), which was withdrawn by the petitioners,