This single judge order dismisses a writ petition challenging a land partition order. The court holds that pending appeals did not impede proceedings and finds no infirmity in the Naksha Aira prepared for partition.
The writ petition was dismissed as no case for interference was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Writ Petition No.3152 of 2009 : 1 :
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: March 02, 2009
Gurbax Kaur & others
...Petitioners
VERSUS
Financial Commissioner (Animal Husbandry), Punjab, Chandigarh and others
...Respondents
CORAM: HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr.G.S.Nagra, Advocate, for the petitioners.
RANJIT SINGH, J.
Respondent No.1 filed applications for partition before Assistant Collector Ist Grade, Shahkot, District Jalandhar concerning the lands situated in village Talwandi Shanghera, Tehsil Shahkot, District Jalandhar. Petitioners made statement that they may be allotted land in one tak and the area purchased by them be given in
Civil Writ Petition No.3152 of 2009 : 2 :
the adjoining tak. Assistant Collector Ist Grade accepted the mode of partition on 14.9.2001. Against this, the petitioners filed an appeal and Collector remanded the case to Assistant Collector Ist Grade with the direction that Nayaian Wala Tak is near the village and area out of this be given to all the share-holders. The other taks were stated to be almost of similar value and were accordingly directed to be partitioned as per the share of the share-holders. Apprehending that the petitioners would not get justice on remand from the Assistant Collector, they moved an application for transfer of case. This application, however, was dismissed. Assistant Collector, as per the apprehension of the petitioners, felt annoyed and rejected the objections filed before him. The petitioners again filed an appeal before Collector. While this appeal was pending, the Assistant Collector passed an order of final partition. Against this order also, the petitioners filed an appeal. The Collector, however, dismissed both the appeals on 23.9.2003. The revision against the said orders was also dismissed by the Commissioner and so also by the Financial Commissioner. It is in this background that the present writ petition has been filed.
Mr.G.S.Nagra has made a grievance that the Assistant Collector was not justified in deciding the final partition while the appeal was pending against the mode of partition. It has rightly been observed by the Financial Commissioner that the proceedings before the Assistant Collector had not been stayed during the appeal and as such, there was no impediment before him to consider and decide the partition as such. In any case, the petitioners filed appeals against both the orders which were considered and decided by the
Civil Writ Petition No.3152 of 2009 : 3 :
Collector. It is also noticed that the Collector had made sincere efforts to improve the Naksha Aira prepared by Assistant Collector Ist Grade and decided not to remand the case only when he found that he could not prepare better Naksha Aira. The counsel also could not point out anything which would show any infirmity in the Naksha Aira, which has led to final partition. Under the circumstances, Naksha Aira was found to be best and, thus, approved. In my view this petition has not made out a case for interference in the impugned order.
The writ petition is accordingly dismissed.
March 02, 2009 ramesh
( RANJIT SINGH ) JUDGE
1 issue framed by the court
Whether the Assistant Collector was justified in deciding final partition while an appeal regarding the mode of partition was pending.
Gurbax Kaur
Financial Commissioner
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
