160 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 09.12.2025 Surender Singh and others ...... Petitioners Versus Financial Commissioner (Revenue), Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Satpal Bhasin, Advocate for the petitioners.

Mr. Pankaj Mulwani, Senior DAG Haryana.

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HARSH BUNGER, J. (ORAL)

1. Prayer in the instant civil writ petition filed under Article 226 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside the order dated 26.09.2025 (Annexure P-14); order dated 20.09.2017 (Annexure P-12); order dated 19.03.2015 (Ann. P-10) and order dated 23.05.2012/26.07.2012 (Annexure P-8).

2. Briefly, respondents No. 5 and 6 herein (Mohinder Singh and Pawan Kumar, respectively) sought partition of land comprised in Khewat No. 362/340, measuring 98 Kanal – 17 Marla, situated at village Juan, Tehsil and District Sonipat. The petitioners appeared in the aforesaid partition proceedings and submitted their replies. Subsequently, mode of partition was prepared and Naksha 'Kha' was called from the field staff.

2.1 Upon receipt of Naksha 'Kha' on the case file, objections of respective parties were called thereto. The petitioners submitted their objections (Annexure P-5) to Naksha 'Kha', which was partly allowed, vide order dated 18.11.2011 (Annexure P-6), passed by Assistant Collector 1^st Grade, Sonipat (in short 'Assistant Collector') and amended Naksha 'Kha' was called for and approved.

2.2 Thereafter, Naksha 'Ga' was also approved and partition proceedings concluded with the drawing of sanad takseem dated 26.07.2012 (Annexure P-8).

2.3 Feeling aggrieved against Naksha 'Kha' as well as sanad takseem, petitioners preferred an appeal before learned Collector, Sonipat (in short 'Collector'), which was dismissed on 19.03.2015 (Annexure P-10).

2.4 Still aggrieved, petitioners preferred a revision petition before learned Commissioner, Rohtak Division, Rohtak (in short 'Divisional Commissioner'), which was also dismissed, vide order dated 20.09.2017 (Annexure P-12).

2.5 Thereafter, petitioners preferred a revision petition before learned Financial Commissioner, Haryana (in short 'Financial Commissioner'), which has also been dismissed, vide order dated 26.09.2025 (Annexure P-14).

3. In the aforementioned circumstances, petitioners have filed the instant civil writ petition before this Court for seeking relief(s), as noticed hereinabove.

4. The only argument raised by learned counsel for petitioners is that impugned partition proceedings/sanad takseem is contrary to the sanctioned mode of partition, inasmuch as it violates Clause 3 of mode of partition, which provided that partition of land shall be carried out by keeping the possession of the parties intact; whereas respondent No. 5 was in possession of area comprised in Rect./Killa No. 10//4, however after partition, land comprised in Rect./Killa No. 130//9 has been allocated to him, which was infact in possession of petitioners.

5. Heard.

6. In this case, respondents No. 5 and 6 sought partition of land, wherein mode of partition (Annexure P-3) was prepared, the relevant extract of which reads as under :-

“That the land comprised in Khewat No. 362/348, Khata No. 449, total measuring 98 Kanals 17 Marlas, situated in the area of village Juan is sought for partition, which is partitioned as under :-

1. The first Khewat be attached to the first party.

2. Separate Khewats of the second parties be made.

3. The partition be made while keeping possession intact and Rasta and watercourse be provided as per need. The trees may be kept in the same land.

4. The deficiency etc. upto 2 Marlas will not be considered.

5. The tubewell be attached to the party of whom it belongs and as may be possible. Lesser Kurras be made and land be given with the tubewell and kind and value of land be kept into consideration.

6. The Patwari Halqa will do the work of partition under the supervision of