The High Court dismissed an unopposed writ petition seeking quashing of the Financial Commissioner's order regarding a partition of land. The petitioner raised no specific substantive legal objections during hearing.
Petitioner's writ petition dismissed with no order as to costs.
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.
CWP No.14642 of 2007
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.14642 of 2007 Date of decision:13.10.2010
Surjit Kaur
..... Petitioner
Versus
Financial Commissioner, Rupnagar and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr.S.D.Sharma, Senior Advocate with Ms.Bindu Goel, Advocate for the petitioner.
Ms.Anu Pal, AAG, Punjab for respondents no.1 to 4.
RAJIVE BHALLA, J.(ORAL)
The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 05.04.2007, passed by the Financial Commissioner, Appeals-I, Punjab, Chandigarh, setting aside the order passed by the Commissioner, Patiala Division, Patiala whereby the Commissioner set aside the orders passed by the Collector and the Assistant Collector.
Counsel for the petitioner submits that as the petitioner and private respondents are recorded as co-sharers in joint possession the mode of partition that provides for maintaining existing possession is incomprehensible and contrary to the principles of partition. It is further submitted that though the Commissioner appreciated this argument and remitted the matter to the Assistant Collector, the Financial Commissioner, has by an erroneous exercise of jurisdiction reversed this order.
I have heard counsel for the petitioner and perused the impugned order. The mode of partition, sanctioned by the Assistant Collector, Ist
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CWP No.14642 of 2007
Grade, reads as follows: -
“File put up. Sh.Bikram Singh, the General Attorney of Surjit Kaur, first party, is present and from the second party, Shri Bhag Singh, the General Attorney of Gurdas Singh and Sunder Singh, is present and Kishan Dass is also present. On the basis of the statements of both the parties and after hearing them the Mode of Partition is proposed as follows: -
1. That the partition of the land will be made after keeping the possession intact and the principle of consolidation will be kept in view, for making minimum taks.
2. Smt.Surjit Kaur, applicant, will be given 1 Marla land from Khasra No.20//14/1/2 which is in possession of Sunder Singh, for access to land which is in her possession bearing Khasra No.20//14/2. It will be done for preparing 1 tak and its deduction will be made from the other side.
3. Trees will be 'Tabe arazi'. The above Mode of Partition was prepared in the presence of both the parties and the same was read over to them. Both the parties raised no objection with regard to the proposed Mode of Partition. Hence, the above Mode of Partition is approved. The copy of this be sent to Kanungo Halqa and the file be put up on 1.9.99 with Map 'Ara & Ari.'”
A perusal of clause (1) of the mode of partition clearly establishes
that partition would be carried out by keeping possessions intact and in accordance with the principles of consolidation. The principles of consolidation require alteration/adjustment of possession where necessary. Even otherwise, inherent in clause (1) of the mode of partition is the principle of partition that possession shall generally be respected but shall only be disturbed to make up deficiency in the land holding of the other cosharers.
In the absence of any error of jurisdiction or of law in the order passed by the Financial Commissioner, the writ petition is dismissed with no order as to costs. No other point is urged or pressed.
13.10.2010 shamsher
[ RAJIVE BHALLA ] JUDGE
1 issue framed by the court
Whether to issue a writ of certiorari to quash the order passing the mode of partition.
Surjit Kaur
Financial Commissioner, Rupnagar
Appellant no.2
Bhag Singh
Gurdas Singh
Sunder Singh
Rajive Bhalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
