IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.04.2026 Jasbir Kaur and others ....Petitioners Vs.

Financial Commissioner (Appeals), Punjab and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. Ranjit Saini, Advocate for the petitioner.

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

*****

HARSH BUNGER J. (Oral)

1 Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the partition proceedings including the order dated 07.10.2022 (Annexure P-4) passed by learned Assistant Collector 1st Grade, Tanda, District Hoshiarpur; order dated 25.07.2025 (Annexure P-9) and order dated 17.10.2025 (Annexure P-10) passed by learned Financial Commissioner (Appeals), Punjab, whereby, a revision petition as well as review application filed by the petitioners against the partition proceedings has been dismissed respectively.

2. Briefly, respondent No.3 – Baljit Singh is stated to have filed an application seeking partition of joint land measuring 06 kanal - 06 marla comprised in Khewat No.252/245, situated at village Khakh, Tehsil Dasuya, District Hoshiarpur.

3. In para No.3 of the writ petition, it is conceded by the petitioners that they appeared in the aforesaid partition proceedings. It is further stated, therein, that the petitioner No.1 is not the original co-sharer but only purchased the land from petitioner No.2.

4. It transpires that, in the aforesaid partition proceedings, mode of partition came to be approved on 04.08.2022 (Annexure P-3), which was a common mode of partition for several khewats, the relevant extract of which reads as under:-

“1. The Partition will be done after consolidating the Khewat No.1/1 Min, 3/3, 4/4, 5/5, 7/7, 10/1, 10 Min, 11/11, 75/75, 186/180 and 252/245 the total partition area is 86 Kanal 17 Marlas.

2. The partition will be done by keeping the possession intact of the respective parties. The parties who have sold their road side from portion of land is not entitled to front portion of land. The land will be allotted to the parties as per their possession.

3. The partition of applicants land will be carved out separately from the respondents. The Kurra of Gurdev Singh, Harjinder Singh, Harbhajan Singh and Jaswant Singh be prepared jointly and will be carved separate Kurra to Amarjit Singh and Parminder Singh be prepared and the joint Kurra of Tarlok Singh, Sukhwinder Kaur and Sodhi Singh be prepared.

The rest of respondent be kept as usual.

4. Any structure or well/tubewell will go with the partitioned land.

5. The tree will also go with partitioned land.

6. That passage of 2 Karam width will be provided from the land of common pool.

7. The partition will be done as per rules of the consolidation of holding.

8. Any excess or shortage will be fulfilled from the adjacent land.

9. The excess or deficiency of two marlas will be ignored.

10. The vendee/purchaser will be accommodated under the seller.

11. If any co-sharer has sold more than his share, the last vendee will be affected.

12. The Co-sharer who is not owner in a particular Khewat will not be allotted any land from that Khewat, while applying this principle if a vendee is found to have purchased more land than the share of seller, in that extent the vendee will be compensated from the other Khewat of the seller.

13. The mortgagor will be responsible for the mortgage. The interest of the Bank/Mortgage will be protected. If any co- sharer has mortgaged an area, every possible effort will be made to allot the same area to that co-sharer. If due to the good and inferior quality of land or in case of excess possession, the possession of the land is taken from that co-sharer and in that case, the mortgagee will have the first charge over the land which has been allotted to the mortgagee.

14. In case of written compromise between the parties, the partition will be effected as per the terms and conditions of the agreement/compromise.

15. If any party intends to get his portion carved out separat