High Court of Punjab and HaryanaCWP/17274/2018dismissed

Banta Singh And ANR v. State Of Punjab And ORS

2024-04-30Mr. Justice Rajesh Bhardwaj2 pages

CWP-17274-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17274-2018 Date of Decision: April 30, 2024 Banta Singh and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Vishal Sodhi, Advocate and Mr.APS Rehan, Advocate for the petitioners.

Mr.Navneet Singh, Sr.DAG, Punjab.

Mr.Simranjeet Singh Nagra, Advocate for respondent No.3.

Mr.Rajinder Sharma, Advocate for respondents No.7 and 8.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioners have approached this Court praying for quashing of Clause -3 of the Mode of partition, dated 30.04.2018 (Annexure P-2, approved by respondent No.2/Naib Tehsildar-cum-AC-1, Batala, District Gurdaspur in the petition case No.33/N.T.BTL of 02.12.2016 (Annexure P1) titled as `Mohinder Singh vs Surjit Singh etc.' of the village Dhup Sari, Tehsil Batala, District Gurdaspur, to the extent that partition has been ordered to be made by breaking the possession of co-sharers and for quashing the impugned order dated 20.06.2018 (Annexure P-7) whereby the objections to the mode of partition, dated 30.04.2018 (Annexure P-2) have been dismissed by respondent No.2/Naib Tehsildar-cum-AC-1, Batala, District Gurdaspur.

Pursuant to the statement made by learned State counsel on 23.04.2024, learned counsel for the petitioners pray for withdrawal of this petition in view of the alternative remedy available to the petitioners to approach the Collector for redressal of his grievances. MEENU 2024.05.02 14:35 I attest to the accuracy and integrity of this document Allowed as prayed for.

CWP-17274-2018 -2Petition is dismissed as withdrawn with liberty aforesaid. However, it is made clear that if issue regarding limitation arises, then learned Collector would decide the same by considering the period spent by the petitioner before this Court in pursuing this petition as per Section 14 of the Limitation Act.

April 30, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.05.02 14:35 I attest to the accuracy and integrity of this document