Karam Singh v. State Of Punjab & ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.4513 of 2017 Date of Decision.06.03.2017 Karam Singh and others .......Petitioners Vs State of Punjab and others ........Respondents

Present:

Mr. S.S. Rangi, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) The petitioners are aggrieved of the fact of selling the land by other cousin brothers. The predecessors of the petitioners having land measuring 102 kanals 18 marlas. The land was equally divided between the sons. However, Puran Singh, Sarwan Singh and Bachan Singh sold about 10 kanals of land in excess of their share of 51 kanals 9 marlas. In the partition proceedings initiated by the subsequent vendees, the area in their possession has fallen to the share of petitioners and it would be very difficult for them to seek possession. The argument raised by the Mr. S.S. Rangi is totally fallacious as the procedure for seeking execution of the order of partition has been envisaged in the provisions of Section 122 of the Punjab Land Revenue Act. Once the partition of area/quality of land has been finalized, the petitioner cannot have any grievance, thus, the orders under challenge, in my view, are not found to be affecting the right of the petitioners, much less, cannot be said to be passed against the mode of partition.

No ground for interference is made out. The writ petition is dismissed.

(AMIT RAWAL) JUDGE March 06, 2017 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2017.03.10 17:48 I attest to the accuracy and integrity of this document