High Court of Punjab and HaryanaCWP/35050/2019disposed of

Sadhu Singh And Others v. State Of Haryana And Others

2024-05-10Mr. Justice Rajesh Bhardwaj2 pages

CWP 35050-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP 35050-2019 (O&M) Date of decision : 10.05.2024 Sadhu Singh and others ................Petitioners vs.

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

Present:

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

Mr. Rajneesh Chadwal, Assistant Advocate General, Haryana.

Mr. Raj K. Narang, Advocate for respondent No. 5. ...

RAJESH BHARDWAJ J. (Oral) 1.

Present petition has been filed seeking issuance of a writ in the nature of Certiorari for setting aside the impugned order dated 05.09.2019 Annexure P-9, passed by Commissioner Hisar Division, Hisar, being illegal, null and void, unjust and against the provisions of Land Revenue Act, vide which the well reasoned orders passed by Assistant Collector IInd Grade, Bhattu Kalan, issuing instrument of partitions dated 27.04.2017 and orders dated 8.3.2017, 9.3.2017, 10.3.2017, 27.3.2017 (Annexures P3,P4,P5 and P6 respectively) have been set aside without considering the fact that instrument of partition has already been issued by the Assistant Collector BANITA CHUGH 2024.05.14 17:02 I attest to the accuracy and integrity of this document

CWP 35050-2019 -2IInd Grade, Bhattu Kalan on 27.4.2017 and no appeal and revision filed by any of the co-sharer and order attains finality but the Commissioner Hisar Division, Hisar, without considering the fact that the instrument of partition issued way back on 27.4.2017, and no appeal revision preferred by any of the co-sharer and the land was partitioned while maintaining possession of the co-sharer has set aside the well reasoned speaking orders. 2.

Learned counsel for the petitioners submits that in view of the order dated 02.08.2023 passed by Financial Commissioner, Haryana and order dated 8.2.2024, passed by A.C. II Grade, Bhattu Kalan, the present petition has been rendered infructuous and may be dismissed as such. Ordered accordingly.

Dismissed as infructuous.

( RAJESH BHARDWAJ ) 10.05.2024 JUDGE chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2024.05.14 17:02 I attest to the accuracy and integrity of this document