High Court of Punjab and HaryanaCWP/9393/2015dismissed

Arjun Singh v. State Of Haryana And ORS

2015-07-17Mr. Justice S.P. Bangarh2 pages

CWP 9393/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:17.07.2015.

Arjun Singh .............Petitioner v.

State of Haryana .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Yogesh Saini,Advocate for the petitioner Jaswant Singh,J.(Oral) Petitioner has challenged the order dated 9.9.2008(P-1) passed by Assistant Collector IInd Grade,Nighdu whereby the objections of the petitioner against mode of partition were dismissed; further challenge is to the subsequent order dated 4.6.2010(P-4) passed by the Collector,Karnal and order dated 20.2.2014(P-7) passed by the Commissioner,Rohtak and the order dated 2.3.2015(P-9) passed by the Revisional Authority upholding the order P-1. Learned counsel for the petitioner has argued that while finalising the mode of partition the possession of the parties has not been kept intact and therefore, the impugned orders are liable to be set aside.

After hearing the learned counsel for the petitioner and perusing the impugned orders,this Court is not inclined to interfere RAJINDER PRASHAD JOSHI 2015.07.20 11:51 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CWP 9393/2015 with the impugned orders.

It is apparent from the record that while keeping the possession of the parties intact in the partition proceedings initiated by respondents 4 and 5, the parties were also to be given due frontage of the joint land abutting the metaled road. In such a process if possession of the parties to some extent has been disturbed this is a natural consequence of partition keeping in view the just principles of partition. The argument that to favour respondents they have been allotted land in two chaks, does not advance the case of the petitioner since such a grievance could at best be made by the respondents and not by the petitioner.

In view of the above, detailed and speaking orders, impugned in this writ petition, do not warrant interference. Dismissed.

17.07.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.07.20 11:51 I attest to the accuracy and authenticity of this document High Court, Chandigarh.