Disposed¶23

Devi Lal and Another v. State of Haryana and Others

Punjab & Haryana HC2 Jul 2026CWP/9761/2022

Case brief

AI extract

What is this about?

Punjab and Haryana High Court; CWP-9761-2022 (O&M); Devi Lal v. State of Haryana; partition proceedings of joint land; Naksha Bey; Assistant Collector 1st Grade; Collector order 29.09.2017; Commissioner order 09.10.2018; Financial Commissioner revision dismissed 11.10.2021; statutory remedy of appeal; writ disposed with liberty; Balwant Singh 12 kanals sale deed 08.02.2016; CM-4186-2023 Annexure P-11; Justice Pankaj Jain; non-reportable.

What did the court decide?

Liberty granted to the petitioners to avail their statutory remedy of appeal in accordance with law; pending miscellaneous applications also stand disposed of. ¶23

Devi Lal and Another Vs State of Haryana and Others — Punjab & Haryana HC (2026) — LawSathi Research

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CWP-9761-2022 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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245

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CWP-9761-2022 (O&M) Date of decision : 02.07.2026

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Devi Lal and another

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...... Petitioners

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versus

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State of Haryana and others ...... Respondents

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CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. P.K. Ganga, Advocate for the petitioners.

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Mr. Abhimanyu Antil, DAG, Haryana.

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Mr. Ashok Verma, Advocate for respondent No.5.

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PANKAJ JAIN, J. (Oral)

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By way of present writ petition, petitioners have assailed the order dated 11.10.2021 passed by Financial Commissioner, Haryana whereby the order passed by Commissioner, Hisar dated 29.09.2017 has been upheld.

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The parties are in the thick of lis owing to partition proceedings qua joint land. Respondent-Balwant Singh purchased 12 kanals of land from the petitioner vide sale deed dated 08.02.2016. Respondent was given symbolic possession only. In order to claim physical possession, he initiated the present partition proceedings. Jointness of the land and the ownership of the respondent to the extent of 12 kanal is beyond dispute. Proposed partition was prepared by the Assistant Collector, 1^st Grade by preparing Naksha ‘Bey’. The

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DINESH KUMAR 2026.07.07 18:43 I attest to the accuracy and integrity of this document

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CWP-9761-2022 (O&M)

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respondent objected to the same. His objections were accepted vide order dated 06.06.2017 (Annexure P-6). The petitioners who are husband and wife preferred appeal before the Collector. Vide order dated 29.09.2017, the appeal was accepted. The objections raised by the respondents were accordingly dismissed.

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Respondent thereafter preferred appeal before Commissioner. The appeal was accepted vide order dated 09.10.2018. Order passed by Collector was set aside. The matter was remitted back to the Assistant Collector for considering objections raised by the respondent and to prepare Naksha ‘Bey’ afresh. The present petitioners impugned the aforesaid order before Financial Commissioner. Vide impugned order dated 11.10.2021, the revision petition stands dismissed and the order passed by the Commissioner has been upheld.

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Aggrieved of the order, the petitioners preferred writ petition. Notice of motion was issued vide order dated 13.03.2023. In the interregnum, the Assistant Collector has decided the partition proceedings afresh and has prepared fresh Naksha ‘Bey’ which has been placed on record by the petitioner alongwith CM-4186-2023 as Annexure P-11.

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Counsel for the petitioner is not in a position to dispute that the statutory remedy of appeal is available to the petitioner against the same.

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In view thereof, the present writ petition is disposed off with the liberty to the petitioners to avail their statutory remedy, in accordance with law.

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DINESH KUMAR 2026.07.07 18:43 I attest to the accuracy and integrity of this document

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CWP-9761-2022 (O&M)

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