LPA No. 499 of 2013 (O & M)

1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

LPA No. 499 of 2013 (O & M)

Date of Decision:- July 10, 2013

Shri Kishan

..............APPELLANT(S)

vs.

State of Haryana and others

...........RESPONDENT(S)

CORAM:-

HON'BLE MR. JUSTICE JASBIR SINGH

HON'BLE MR. JUSTICE G.S. SANDHAWALIA

Present:-

Mr. Hemant Bassi, Advocate,

for the appellant.

Mr. D. Khanna, Addl. A.G., Haryana,

for respondents no. 1 to 4.

JASBIR SINGH, J. (Oral)

1.

Appellant, Shri Kishan has filed this appeal, laying challenge to an

order dated 05.10.2012 vide which CWP No. 6911 of 2011 filed by the petitioner

was disposed of giving liberty to him to get it revived in case partition proceedings

were not concluded by the officers below. Further, challenge has been laid to an

order dated 03.12.2012 dismissing application filed by the petitioner for revival of

above said writ petition.

2.

Appellant and respondents no. 5 to 12 are co-sharers in the land in

dispute. Partition proceedings were initiated and on 11.05.2001, following mode

of partition was settled down by the Assistant Collector Ist Grade, Farook Nagar:-

“1.

Total land for which partition is required is

measuring 17 kanal 16 marlas situated in village Jhanjrola Khera,

Tehsil Farook Nagar.

2.

Three Khewats in the land proposed to be

partitioned will be constituted. 1^st Khewat of the applicant, 2^nd of

Gupta Shivani

2013.07.31 16:43

I attest to the accuracy and

integrity of this document

High Court Chandigarh

LPA No. 499 of 2013 (O & M)

2

respondent Mam Chand and the 3^rd of respondent Dharampal.

3.

The land will be partitioned keeping in view the

possession position as base.

4.

While making partition of the land required to be

partitioned, matter of Tubewell will be kept in view and it will be

given to the concerned party.

5.

While making partition of the land required to be

partitioned, passages will be provided as per rules.

6.

Partition will be done by the Patwari under the

supervision of Halqa Kanungo. Expenditure for the work is fixed at

Rs.500/-, which will be paid by the parties, as per rules.”

3.

In response to mode of partition, Naksha “Bey” was prepared,

against which objections were filed by predecessor-in-interest of respondents no. 5

to 12, which were allowed by the competent officer on 15.03.2012. Relevant

portion of the order reads thus:-

“After hearing the arguments of both the counsels

and after the undersigned inspected the spot of the land in dispute

and after the perusal of the spot report, I have come to the

conclusion that the objections pointed out by the respondent are

correct. On the spot, in the north of Killa No. 21/2, there is

tubewell of the applicant Shri Krishan and he is in possession of it.

Whereas in its south, there is possession of Dharampal. In the

north of Killa No. 22/1, there is possession of Shri Krishan and in

its south possession of Dharampal is there. On Killa No. 23/1

possession of Mam Chand has been verified. So after going

through the spot report, I issue the orders that in the north of Killa

No. 21/2, there is tubewell of applicant Shri Krishan, Killa No. 2 is

measuring 6 kanal, in all. After giving land measuring 4 kanal 2

Gupta Shivani

2013.07.31 16:43

I attest to the accuracy and

integrity of this document

High Court Chandigarh

LPA No. 499 of 2013 (O & M)

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marlas in the south of Killa No. 21/2 to respondent Dharampal, the

remaining land in the north direction, be given to Shri Krishan, as

there is tubewell of the applicant, in this area. The remaining area

of the applicant be completed out of Killa No. 22/1, 22/2. Also

possession of Mam Chand respondent is in the east of Killa No.

23/1. So the land, which has been given to Mam Chand, the same

has been properly given and he may be given the same area/land.

The site plan be prepared with this amendment. Site plan and

documents of partiti