Writ petitions challenged orders remanding partition proceedings for four khewats with common co-sharers to be conducted by consolidating the khewats rather than disturbing possession. The High Court found no prejudice from consolidation, rejected the limitation plea for want of material dates, and dismissed the petitions.
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-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
| D | ate of decision : 22.04.2026 | |
|---|---|---|
| (124) CWP-6870-2026(O&M) Mahabir Singh and others State of Haryana and others |
Versus | …Petitioners …Respondents |
| (125) CWP-6885-2026(O&M) Mahabir Singh and others |
Versus | …Petitioners |
| State of Haryana and others | …Respondents | |
| (126) CWP-6887-2026(O&M) Mahabir Singh and others |
Versus | …Petitioners |
| State of Haryana and others | …Respondents | |
| (127) CWP-6973-2026(O&M) Mahabir Singh and others |
Versus | …Petitioners |
| State of Haryana and others | …Respondents | |
| CORAM : HON’BLE MR. JU | STICE HAR | SH BUNGER |
| Present: Mr. Rajat Sheokand, for the petitioners. |
Advocate | |
| Ms. Upasana Dhawa | n, AAG, Har ***** |
yana. |
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
CWP-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -2-
HARSH BUNGER J. (Oral)
This order shall dispose of four writ petitions i.e. CWP Nos. 6870, 6885, 6887 & 6973 of 2026 as they involve common issues of law and fact, however, for the purpose of passing this order, the facts are being taken from CWP-6870-2026.
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
CWP-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -3-
placed on record in the present writ petition, for the reasons best known to the petitioners.
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
CWP-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -4-
Collector, an application was moved by the private respondents herein, for carrying out the partition proceedings by clubbing all the khewats; however, the said prayer was rejected by the learned Assistant Collector and even the mode of partition and Naksha Bey were approved; however, feeling aggrieved therefrom, the private respondents preferred appeal(s) before the learned Collector, Panipat, who vide order dated 21.03.2024 (Annexure P-2), set aside the orders whereby mode of partition and Naksha Bey was approved and the matter was remanded to the learned Assistant Collector, with the direction that the partition proceedings be conducted as per rules, after consolidating all the khewats; the relevant extract of the order dated 21.03.2024 (Annexure P-2) , reads as under:-
“xxx xxx xxx
After hearing the arguments addressed by the counsel for the parties and reviewing the case file and the record, it has been found that the appellants had filed cases in the lower court regarding the partition of land comprised in Khewat No. 103, 1388, 1288 and 299. Both parties had already divided their land according as per oral mutual partition agreement and all co-sharers were cultivating their land as per chak. However, the lower court initiated the partition proceedings by breaking the possession, which has resulted in the land being divided into small pieces, making it uncultivable. The appellants moved applications regarding consolidating all the khewats and got recorded their statements. The objections raised by the appellants in the lower court regarding the mode of partition, were ignored and mode of partition was issued. The map "Bay" order passed on 19.06.2023, is not right and correct. This partition is not in the interest of justice. Therefore, after hearing both the parties and considering the interest of justice, the appeal of the appellant is found to be valid and the appeal
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
CWP-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -5-
is accepted and the order passed by the lower court Dated 02.06.2023 / 19.06.2023 is set aside. The said case is remanded with the direction that after consolidating all the Khewats, the partition proceedings should be carried out as per the rules and after hearing the objections of all the parties, a speaking order should be passed on the basis of merits and demerits. The parties are instructed to appear in the court of Tehsildar and Assistant Collector First Class, Matalauda on 12.04.2024. File be consigned to the record room after necessary compliance.”
the learned Commissioner, Karnal Division, Karnal, which was dismissed vide order dated 04.06.2024 (Annexure P-4), the relevant extract of which
reads as under:-
“xxx xxx xxx
After hearing the arguments addressed by the learned counsel for both parties and after studying and reviewing the records available on the file, I have arrived to the conclusion that there is no error of any kind in the order dated 21.03.2024 passed by the District Revenue Officer and Collector, Panipat. The orders passed by District Revenue Officer and Collector, Panipat, while consolidating all the khewat and conducting the partition proceedings as per rules, seems to be appropriate. As per Item No. 3 of the mode of partition, the provision of conducting partition by breaking the possession/occupation is not appropriate because if the land is divided by breaking the possession, the land will be divided into small pieces, which would be rendered uncultivable. Therefore, District Revenue officer and Collector, Panipat has rightly set aside the orders dated 02.06.2023 and 19.06.2023 passed by Assistant Collector, First Class, Madlauda. Finding no merit in the grounds taken in the appeal of the present appellants, the appeal is dismissed and the order passed by the District Revenue Officer and
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
CWP-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -6-
Collector, Panipat is upheld. The file be consigned to the record room after necessary compliance.”
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
CWP-6870-2026 (O&M); CWP-6885-2026 (O&M) CWP-6973-2026 (O&M) and CWP-6973-2026 -7-
stated to have been instituted on 10.08.2023, wherein, challenge is made to the order dated 02.06.2023. However, learned counsel for the petitioners has failed to point out as to when the certified copy of the order dated 02.06.2023 was applied for by the private respondents and further as to when the said certified copy was prepared and made available to the private respondents. In the absence of the aforesaid material dates, the plea raised by the learned counsel for the petitioners that the appeal filed by the private respondents before learned Collector was barred by limitation; is rejected.
Resultantly, the instant writ petition(s) fails and the same are accordingly dismissed .
(HARSH BUNGER) 22.04.2026 JUDGE
ankit
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
ANKIT 2026.04.27 16:09 I attest to the accuracy and integrity of this document High Court, Chandigarh
2 issues framed by the court
Whether revenue authorities erred in setting aside the partition order and remanding for consolidated partition of four khewats with common co-sharers.
Whether the appeal before the Collector was barred by limitation.
Mahabir Singh and others
State of Haryana and others
Harsh Bunger
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
