Sunehara And Others v. State Of Haryana And Others

Prayer in the present application is for placing on record the zimni orders (Annexure P-15).

For the reasons mentioned in the application, the zimni orders (Annexure P-15) are taken on record, subject to all just exceptions. Application is accordingly disposed of.

CM-10396-CWP-2025 in CWP-17420-2025:

Prayer in the present application is for placing on record the

zimni orders (Annexure P-14).

For the reasons mentioned in the application, the zimni orders (Annexure P-14) are taken on record, subject to all just exceptions. Application is accordingly disposed of.

CWP-17419-2025 & CWP-17420-2025:

for the sake of convenience, the facts are being derived from Certiorari for setting aside orders dated 09.08.2022 (Annexure P-6), 25.11.2022 (Annexure P-7), 23.12.2022 (Annexure P-8) & 03.04.2023 (Annexure P-11), passed by the learned Assistant Collector, 1st Grade, Madlauda; and order dated 06.03.2025 (Annexure P-13) passed by the learned Divisional Commissioner, Karnal.

2.

Briefly, respondents No.4 to 7 herein filed an application seeking partition of the joint land comprised in Khewat No.204/175 situated at Village Lohari, Tehsil Madlauda, District Panipat. 09.08.2022 (Annexure P-6) passed by the learned Assistant Collector, 1st Grade, Madlauda the learned Assistant Collector, 1st Grade, Madlauda 25.11.2022 (Annexure P-7); whereupon, Ultimately, the partition proceedings came to be concluded by drawing of

Sanad Takseem (Instrument of Partition) vide order dated 03.04.2023 (Annexure P-11) passed by the learned Assistant Collector, 1st Grade, Madlauda.

06.03.2025 (Annexure P-13).

passed by the learned Assistant Collector, 1st Grade, Madlauda.

7.

The aforesaid factum that petitioners No.1 and 13 had appeared in the partition proceedings before the learned Assistant Collector, 1st Grade, Madlauda, is also not disputed by learned counsel for the petitioners. It is also not disputed that petitioners No.1 and 13 are related to the other petitioners herein.

8.

In this view of the matter, once petitioners No.1 and 13 were duly aware of the partition proceedings and had in fact appeared before the learned Assistant Collector, 1st Grade, Madlauda and sought time to file reply to the partition application, it cannot be accepted that the petitioners, who are stated to be related to each other; were not aware of the partition proceedings or that they were wrongly proceeded against ex parte.

Therefore, the said contention on behalf of the petitioners is rejected. 9.

As regards the contention of learned counsel for the petitioners that possession of the petitioners has been disturbed in the partition in question, it is observed that learned counsel for the petitioners has failed to place on record any document/khasra girdawari to indicate that the petitioners were in specific/exclusive possession of which khasra numbers from which they claim that their possession was disturbed. 10.

Further, a perusal of the Aks Shajra (Annexure P-10 @ page No.51 of CWP-17419-2025) attached with the Naksha Bey would show that respondents No.4 to 7 have been allocated land (shown in green colour) and the remaining land of the co-sharers have been kept adjoining to the main road/passage.

10.1 Learned counsel for the petitioners has failed to indicate as to what prejudice has been caused to the petitioners by the manner in which partition in question has been carried out.

11.

Considering the totality of circumstances, I find no merit in the present petitions and the same are accordingly, dismissed. 12.

All pending application(s), if any, shall also stand closed. 13.

Photocopy of this order be placed on the file of connected case.