Manjeet And ANR v. State Of Haryana And ORS

2.1 It appears that in the aforesaid partition proceedings, the Mode of Partition was approved, pursuant to which a Naksha Bey was prepared by the field staff. Upon receipt of the Naksha Bey on the case file, objections thereto were called from the parties, whereupon the petitioners submitted their objections. It transpires that the learned Assistant Collector, 2nd Grade, Bahadurgarh, vide order dated 10.02.2025 (Annexure P-7), accepted some of the objections raised by the petitioners, while rejecting others, and consequently a revised Naksha Bey was called from the field staff. The relevant extract of the said order dated 10.02.2025 (Annexure P-7) reads as under:- "File presented. Case called. Counsel for parties are present.

After observing the Naksha Bay and Objections, a 3 Karam wide path should be shown in 136//81/, 9/2 and the water channel left from the northern direction of Killa No.31//1 in the Naksha Bay should be joined in the southern direction, and the remaining objections are dismissed. Now the revised Naksha Bay from Halqa Patwari/Girdawar be called and case be fixed for 14.02.2025."

2.2 Upon receipt of the revised Naksha Bey, and in the absence of any further objections from the parties, the Naksha Bey was accordingly approved vide order dated 14.02.2025 (Annexure P-7). The relevant extract thereof reads as under:- "File presented. Case called. Counsel for parties are present. The revised Naksha Bay has been received on the file. The applicant has recorded no objection on the revised Naksha Bay. No objection has been received on the revised Naksha Bay. In the absence of receiving any objections, the revised Naksha Bay is approved. Now the Naksha Jim be called from Halqa Patwari/Girdawar and case be fixed for 21.02.2025." 2.3 The petitioners herein challenged the aforesaid orders dated 10.02.2025 and 14.02.2025 by filing an appeal before the learned Collector,

Bahadurgarh, which came to be allowed vide order dated 02.04.2025 (Annexure P-9), whereby, the matter was remanded to the learned Assistant Collector, 1st Grade, Bahadurgarh, with a direction to hear the objections raised by the petitioners and to carry out the partition proceedings by preparing a revised Naksha Bey in accordance with the Rules. The relevant extract thereof reads as under:- "After hearing the arguments of the learned counsels for the parties and reviewing the record available on the file, it is concluded that the arguments of the appellants are justified. Both the parties have admitted that their signatures are on the Panchayati Compromise dated 17.05.2024.

Therefore, in view of the above description and discussion, the appeal is liable to be accepted, thus same is hereby accepted and the case is remanded to the Assistant Collector First Grade, Bahadurgarh with the direction that after hearing the objections of the appellants, the partition proceedings should be carried out by preparing a revised amended Naksha Bay according to the rules, keeping in mind the possession and the Panchayati decision dated 17.05.2024. Both parties are directed to appear before the Court of Assistant Collector First Grade, Bahadurgarh on 16.04.2025 for further proceedings. The file should be consigned to record room after compliance." 2.4 Being dissatisfied, respondent No.5 - Mehtab Singh filed a revision petition before the learned Divisional Commissioner, Rohtak, which came to be allowed vide order dated 18.11.

2025 (Annexure P-11), whereby, the order dated 02.04.2025 (Annexure P-9) passed by the learned Collector, Bahadurgarh, was set aside, the revised Naksha Bey was approved, and the order dated 14.02.2025 (Annexure P-7) passed by the learned Assistant Collector, 2nd Grade, Bahadurgarh, was maintained. 3.

12.

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