Rajpal Singh v. Financial Commissioner Punjab And Others

CWP-35337-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-35337-2024 (O&M) Date of Decision: 05.05.2025 Rajpal Singh ....Petitioner

Versus

Financial Commissioner, Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. H.S. Dhandi, Advocate for the petitioner.

*** HARSH BUNGER, J. (Oral) The instant writ petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 25.05.2017 (Annexure P-4) passed by the learned Assistant Collector 1st Grade, Patiala, whereby the objections raised by the petitioner as against the proposed Naksha Bey had been dismissed.

1.1 A further prayer has been made for setting aside order dated 20.02.2018 (Annexure P-5) passed by the learned Collector, Patiala, order dated 02.11.2021 (Annexure P-6) passed by the learned Divisional Commissioner, Patiala and order dated 08.08.2024 (Annexure P-7) passed by the learned Financial Commissioner (Appeals), Punjab, whereby the appeals/revisions filed by the petitioner has been dismissed. 2.

The only argument raised by learned counsel for the petitioner is that while preparing Naksha Bey, respondents No.5 and 6 have been allocated land at one place whereas the land under partition was comprised HIMANI GUPTA 2025.05.07 12:44 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-35337-2024 (O&M) -2in three khewats and therefore, they should have been allotted land in all the three khewats.

3.

During the course of hearing, the attention of learned counsel appearing for the petitioner was brought to the mode of partition (Annexure P-2) which provided for a common mode of partition for the total land under partition measuring 51 bighas 2 biswas, situated at Village Bhanri, Tehsil and District Patiala.

4.

Concededly, the petitioner had not raised any challenge to the sanctioned mode of partition which provided for partition of the land comprised in all the khewats.

5.

That apart, learned counsel for the petitioner has also failed to refer to any material to indicate that the land under partition is of different values.

6.

Keeping in view the above, once the petitioner has failed to raise any objection to the mode of partition which provided for partition of the land comprised in all the khewats and also in the absence of any material/document indicating that the land under partition is of different values, no fault can be found with the allocation of land to respondents No.5 and 6 at one place.

7.

In view of the above, I do not find any merit in the instant writ petition and the same is accordingly dismissed. 8.

All the pending application(s), if any, shall also stand closed. 05.05.2025 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2025.05.07 12:44 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh