IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

115 CM-4409-CWP-2026 in/and CWP-11895-2025 (O&M)

Date of decision: 19.05.2026 Shamsher Singh ....Applicant/Petitioner Vs.

State of Punjab and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. Kulbir Sekhon, Advocate for the petitioner.

Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab.

*****

HARSH BUNGER J. (Oral)

CM-4409-CWP-2026:

The present application has been filed under under Order 9 Rule

9 read with Section 151 of the Code of Civil Procedure, for restoration of the main case bearing CWP No.11895 of 2025 to its original number.

For the reasons mentioned in the present application, the same is allowed and the writ petition (CWP-11895-2025) is restored to its original number and status; and is taken up on Board today itself.

Main case:

Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 23.07.2009 (Annexure P-7) passed by learned Assistant 1^st Grade, Gidderbaha, whereby Naksha Bey in the partition proceedings was approved; order dated 12.05.2010 (Annexure P-6) passed by learned Collector, Gidderbaha, whereby the appeal preferred by the petitioner against the order dated 23.07.2009 (Annexure P-7) was dismissed; order dated 04.12.2012 (Annexure P-5) passed by learned Commissioner, Ferozepur Division, Ferozepur, whereby revision petition preferred by petitioner was dismissed; Sanad Takseem dated 15.03.2013 (Annexure P-8) passed by learned Assistant Collector 1^st Grade, and also the order dated 24.01.2023 (Annexure P-4) passed by learned Financial Commissioner (Appeals), Punjab, whereby the revision petition(s) preferred by petitioner challenging the partition proceedings have been dismissed.

2. Briefly, respondents No.6 to 11 herein are stated to have filed 7 separate applications seeking partition of joint land comprised in 7 different khewats namely:-

2.1 The aforesaid land is situated in village Chak Giljewala, Tehsil Gidderbaha, District Sri Muktsar Sahib, and the aforesaid partition applications have been filed on the basis of jamabandi for the year 2000-01.

3. The petitioner appears to have participated in the aforesaid partition proceedings and submitted his reply. It transpires that the aforesaid partition proceedings, were directed to be conducted by clubbing the partition applications and a joint mode of partition came to be prepared. Although, the petitioners have not placed on record a copy of mode of partition, the relevant clauses thereof have been reproduced in the order dated 20.03.2008, the relevant extract of which reads as under:- “1. Partition shall be done by retaining possession. During partition if there is requirement of disturbance of possession then it can be a little change.

2. The deficiency shall be 3 marlas and the increase shall be made up from the area adjacent to the loss.

3. The owner who has transferred or mortgaged the area will be allotted to him.

4. The trees will be kept intact and water course and passage will be allotted from common area.

5. House constructed will be allotted to its owner.

6. Owner who sold/transferred/mortgaged area than their share will be effect on last vendee”

4. On the basis of the aforesaid approved mode of partition, Naksha Bey/Arra was called from the field staff. On receipt of Naksha Bey/Arra, the objections of the parties were sought thereto. However, since no objections thereto, were filed, the Naksha Bey/Arra came to be approved vide order dated 20.03.2008.

4.1 In the interregnum, the petitioner challenged Naksha Alif/Urra by filing an appeal before the learned Collector, Gidderbaha, which came to be allowed vide order dated 03.09.2008, and the matter was remanded to the learned Assistant Collector.

4.2 Upon remand, learned Assistant Collector, continued with the partition proceedings and vide order dated 23.07.2009 (Annexure P-7)

approved