Satbir And Others v. Commissioner Rohtak Division And Others

1.1 A further prayer has been made for setting aside order dated 08.11.2024 (Annexure P-13) passed by the learned Collector, Sub Division Meham, District Rohtak, and order dated 14.05.2025 (Annexure P-16) passed by the learned Divisional Commissioner, Rohtak. 2.

Briefly, respondents No.4 and 5 herein sought partition of the joint land comprised in Khewat No.672//572 (94 Kanal-15 Marla) and Khewat No.671//572 (6 Kanal-11 Marla), as per Jamabandi for the year 2010-11, situated in Village Madina Korsan, Tehsil Meham, District Rohtak. 2.1 In the aforesaid partition proceedings, petitioner No.3 - Sh. Karambir son of Sh. Bani Singh was served, however, it appears that on account of non-appearance of petitioner No.3 and other petitioners, they were proceeded against ex parte vide order dated 30.11.2018 (Annexure P-3). The Mode of Partition (Annexure P-5) was prepared on 18.02.2019 and was approved on 01.04.2019. Thereafter, the Naksha 'Kha' was called from the field staff. Upon receipt of the Naksha 'Kha' on the file, objections thereto were called from the respective parties. 2.

2 As per the petitioners' own pleadings, petitioners No.1 and 2 filed objections to Naksha 'Kha', which were decided by the learned Assistant Collector vide order dated 25.02.2022 (Annexure P-9), directing the preparation of an amended Naksha 'Kha'. The amended Naksha 'Kha' was subsequently prepared on 10.10.2023, whereupon petitioners No.1 and 2 again submitted their objections, however, the same were dismissed by the learned Assistant Collector, IInd Grade, Meham, vide order dated 01.05.2024 (Annexure P-12), and the amended Naksha 'Kha' was approved. Thereafter, Naksha 'Ga' was also approved on the basis of the amended Naksha 'Kha'.

2.3 It transpires that the petitioners challenged the order dated

01.05.2024 (Annexure P-12), whereby their objections to the amended Naksha 'Kha' were dismissed, by filing an appeal before the learned Collector, Sub-Division Meham; however, the same was dismissed vide order dated 08.11.2024 (Annexure P-13).

2.4 Subsequently, the learned Assistant Collector passed the final order of partition dated 26.12.2024 (Annexure P-15) and issued the Sanad Takseem (Annexure P-14).

2.5 Thereafter, the petitioners filed a revision petition before the learned Divisional Commissioner, Rohtak, challenging the partition proceedings and the Sanad Takseem, which was also dismissed vide order dated 14.05.2025 (Annexure P-16).

3.

6.

From a bare perusal of the afore-stated facts, it is apparent that the petitioners were duly served in the partition proceedings. Petitioners No.1 and 2 also submitted their objections to Naksha 'Kha', which were duly considered and rejected. On the basis of the approved Naksha 'Kha', Naksha 'Ga' was prepared, and the partition proceedings were concluded with the drawing of the Sanad Takseem.

7.

As regards the second contention raised by learned counsel for the petitioners that the possession of petitioners has been wrongly disturbed, suffice it to say that the petitioners have not placed on record any document (Jamabandi/Khasra Girdawari) to demonstrate their possession over any particular khasra number. In the absence of such evidence, the said contention of learned counsel for the petitioner is also rejected. 8.

That apart, learned counsel for the petitioners has also failed to point out as to what prejudice has been caused to the petitioners by the manner in which the partition has been been carried out. 9.

10.

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