131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 22.12.2025 Des Raj and others ...... Petitioners Versus State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Rajeev Anand, Senior Advocate with Mr. Chanderhas Yadav, Advocate for the petitioners.

Ms. Upasana Dhawan, AAG Haryana.

Mr. Aashish Chopra, Senior Advocate with Ms. Rupa Pathania, Mr. Abhinav Kaushik, Mr. Ashish Kundu, Advocates for caveator-respondent No. 5.

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HARSH BUNGER, J. (ORAL)

1. Prayer in this 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 order dated 14.08.2025 (Annexure P-17), passed by Assistant Collector 2^nd Grade, Manesar (in short 'Assistant Collector'), whereby objections submitted by petitioners to Naksha 'Bey', prepared during partition proceedings, were dismissed.

1.1 A further prayer has been made for setting aside order dated 08.09.2025 (Annexure P-18), passed by learned Collector, Manesar (in short 'Collector') as well as order dated 14.11.2025 (Annexure P-23), passed by learned Commissioner, Gurugram Division, Gurugram (in short 'Divisional Commissioner'), whereby an appeal and revision, respectively, filed by petitioners, were dismissed.

2. Briefly, in the partition proceedings initiated in respect of land parcel, measuring 33 Kanal - 8 Marla, situated at village Badha, Tehsil Manesar, District Gurugram, a sanad takseem (instrument of partition) came to be issued on 28.05.2018 (Annexure P-1); wherein a separate joint khewat, comprising of 16 Kanal - 8 Marla, was carved out, wherein petitioners and other co-sharers were shown as joint owners.

2.1 Thereafter, vide an application dated 09.02.2023 (Annexure P-2), petitioners initiated partition proceedings in respect of aforesaid 16 Kanal – 8 Marla land, comprised in khewat No. 368/335 min (as per jamabandi for the year 2017-18).

2.2 It appears that on 10.02.2023, respondent No. 5 (M/s S.S. Group Private Limited) purchased some area out of above referred joint land, which was duly mutated in revenue records, vide mutation No. 3563 dated 01.03.2023.

2.3 It transpires that respondent No. 5 (M/s S.S. Group Private Limited) participated in partition proceedings, wherein mode of partition dated 08.05.2025 (Annexure P-13) was approved and Naksha 'Bey' was called from field staff.

2.4 Upon receipt of Naksha 'Bey'; objections thereto were called from respective parties, whereupon petitioners submitted their objections (Annexure P-16) to Naksha 'Bey', which came to be rejected by concerned Assistant Collector, vide order dated 14.08.2025 (Annexure P-17) and consequently, Naksha 'Bey' was approved.

2.5 Feeling aggrieved against order dated 14.08.2025 (Annexure P-17), petitioners preferred an appeal before learned Collector; however, same was dismissed, vide order dated 08.09.2025 (Annexure P-18).

2.6 Still dis-satisfied, petitioners preferred a revision before learned Divisional Commissioner, which has also been dismissed, vide order dated 14.11.2025 (Annexure P-23).

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

4. Heard.

5. This writ petition has been filed; challenging the orders passed by revenue authorities, whereby objections raised by petitioners to proposed Naksha 'Bey' were rejected and even an appeal and a revision, filed by petitioners, have been dismissed.

5.1 The primary objections raised by petitioners to Naksha 'Bey'

can be summarised as under :-

(i) petitioners claimed that they are in possession of land, comprised in Rect. No. 23, Killa No. 6/1 and 7/1/2/1 by installing wire fencing; wherein three rooms have been constructed in Killa No. 6/1 alongwith a tubewell and an electricity connection and in Killa No. 7/1/2/1, petitioners have installed underground pipeline for irrigation purposes. It is claimed tha