LPA No.932 of 2012 (O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

*****

LPA No.932 of 2012 (O&M)

DATE OF DECISION : 09.10.2012

Ram Kishan

…Appellant

Versus

The State of Punjab and others

…Respondents

CORAM:

HON’BLE MR. JUSTICE RAJIVE BHALLA

HON’BLE MRS. JUSTICE REKHA MITTAL

Present :

Mr. Sherry K Singla, Advocate,

for the appellant.

Mr. Rajesh Bhardwaj, Addl. AG, Punjab,

for respondent Nos.1 to 4.

Mr. G.P.S. Bal, Advocate,

for respondent No.5.

RAJIVE BHALLA, J. (ORAL)

The short point that arises for adjudication is whether private

respondent No.5 could challenge order dated 18.08.2010 passed by the

Assistant Collector Ist Grade, Nangal, District Rupnagar, without

challenging the Sanad Takseem, which was drawn up during pendency of

the appeal/revision.

We have heard counsel for the parties. After sanction of

Sanad Takseem, challenge to interim orders like mode of partition,

naksha alf, naksha bey etc., loses significance till such time as the Sanad

Takseem is not challenged. A Sanad Takseem is like a final decree of

partition and once drawn up, interim orders, passed during partition can

only be challenged along with challenge to the Sanad Takseem. A party,

who has not challenged mode of partition, naksha bey, naksha alf etc.

before the Sanad Takseem is drawn up, may, while challenging the Sanad

Takseem, challenge the mode of partition, naksha bey, naksha alf etc.,

LPA No.932 of 2012 (O&M)

-2-

along with the Sanad Takseem. As, admittedly, the Sanad Takseem has

been drawn up during pendency of proceedings, and the Financial

Commissioner has been divested of his powers, by amendment of Section

16 of the Punjab Land Revenue Act, 1887, to entertain a revision. The

order passed by the learned Single Judge is modified by directing the

Commissioner, Rupnagar, instead of the Financial Commissioner

(Revenue), to adjudicate the matter, afresh. Respondent No.5 shall be at

liberty to challenge the Sanad Takseem, in accordance with law.

Parties are directed to appear before the Commissioner,

Rupnagar, on 08.11.2012, who shall decide the matter within three

months from the date of parties putting in appearance before him.

(RAJIVE BHALLA)

JUDGE

09.10.2012

(REKHA MITTAL)

adhikari

JUDGE