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1948 DAILYLAW 2 (PNJ)

JAI PARKASH v. STATE OF HARYANA THROUGH THE FINANCIAL COMMISSIONER

CWP/2570/2025 · 2026-01-30

Deepak Sibal, Lapita Banerji

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Judgment text

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CWP No.2570 of 2 IN THE H Jai Parkash Ve State of Haryan 1. The date w 2. The date w 3. The date w 4. Whether pronounce pronounce 5. The delay judgment, CORAM : HO HO Present : Mr for Mr Mr For LAPITA BANE Pra of the Constituti of certiorari for (Annexure P- respondent No. Prevention of F “1948 Act”). T recorded in the 2. The 70 of 2025 (O&M) THE HIGH COURT OF PUNJAB A CHANDIGARH CWP NO. Versus aryana and others date when the judgment is reserved date when the judgment is pronounce date when the judgment is uploaded ether only operative part of the ju nounced or whether the full jud nounced delay, if any of the pronounceme ment, and reasons thereof HON’BLE MR. JUSTICE DEEP HON’BLE MS. JUSTICE LAPIT Mr. Jaspal Singh Pannu, Advocate, for the petitioner. Mr. Saurabh Mago, DAG, Haryana Mr. Himanshu Bansal, Advocate, For respondent No.4. ANERJI, J. Prayer in the present writ petition nstitution of India is, inter-alia, for iss ari for quashing of the impugned or -5) passed by the Commissio t No.2, under the East Punjab Ho n of Fragmentation) Act, 1948 (her t”). The petitioner has furthermore s in the Field Book of the jamabandis fo The brief facts of the case are as fol JAB AND HARYANA AT NO.2570 OF 2025 (O&M) ...Petitioner ...Respondents 20.01.2026 ounced 30.01.2026 aded 31.01.2026 the judgment is ll judgment is Full ncement of full Not applicable DEEPAK SIBAL APITA BANERJI ocate, aryana. tition filed under Articles 226/227 for issuance of a writ in the nature ned order dated March 29, 2022 missioner, Gurugram Division- ab Holdings (Consolidation and 8 (hereinafter referred to as the more sought correction of entries for the year 2016-17. e as follows: SHALINI BHATIA 2026.01.31 17:38 I attest to the accuracy and integrity of this document CWP No.2570 of 2 i) The continuous pos No.350 Killa N District Rewari. ii) The Rewari were co the east to west south direction w iii) The recorded the are karams in the contended that Field Book of instead of 03 Ka iv) The 1948 Act seek respondent No. 2022 dismissed v) Cha filed the instant SUBMISSIONS 3. Lea that without sum impugned order petitioner’s grie 70 of 2025 (O&M) The petitioner through his predece s possession of the land situated a illa No.35//6/2 in village Karoli, Sub ewari. The consolidation proceedings f ere conducted in the year 1962-63. T west direction was recorded as 36-36 ction was recorded as 16-16 karams in The Field Book of the jamaban the area as 36-36 karams in the east the north to south direction. Th that the measurement of his land w of jamabandis for the year 2016 03 Kanals 04 Marlas was noted. The petitioner filed an applicatio t seeking correction in the aforesaid t No.2-Commissioner, vide impugn issed the petitioner’s application. Challenging the aforesaid impugn nstant petition. IONS Learned counsel appearing on beh ut summoning the records and witho order has been passed by responden ’s grievance was that in the Field Boo redecessors-in-interest has been in ated at Khewat No.320 Khatoni i, Sub Tehsil Nahar, Tehsil Kosli, ings for village Karoli, District 63. The area of disputed land in 36 karams and in the north to ams in the Aks Shajra (site plan). mabandis for the year 2016-17 e east to west direction but 14-14 n. Therefore, the petitioner has and was wrongly recorded in the 2016-17 as 02 Kanals 16 Marlas lication under Section 42 of the oresaid Field Book entries. The pugned order dated March 29, pugned order, the petitioner has n behalf of the petitioner submits without application of mind, the ondent No.2- Commissioner. The d Book of jamabandis for the year SHALINI BHATIA 2026.01.31 17:38 I attest to the accuracy and integrity of this document CWP No.2570 of 2 2016-17 it was kanals 16 marla consonance wit verifying the Ak field book to arb 4. Mr for assistance of 5. In o passed the follow “xx tha rev adm boo the con alo Pur present in Court following docum a) b) c) d) 6. Aft setting aside of and remanding 70 of 2025 (O&M) it was erroneously recorded the petiti marlas instead of 03 kanals 04 marla ce with the consolidation scheme. the Aks Shajra and the consolidation s arbitrarily dismiss the application Mr. Mago, learned State counsel a nce of the Court. In order to resolve the issue, this e following order: “xxx Learned counsel for the pe that “Aks Shajras’ appended as An reveal that the land in question admeasuring 3 kanals 4 marlas. Learned State counsel on the book to state that the land in therefore, admeasuring only 2 kana In an attempt to resolve concerned Patwari appear before along with the relevant record on th Adjourned to 20.01.2026. Xxx” Pursuant to the aforesaid interim Court during the course of hearing o documents: a) Masavi b) Misl-Hakiyat c) Khatauni-Paimash d) Aks Shajra After looking at the records, the p ide of the impugned order dated Marc nding of the matter back to the com petitioner’s land admeasured 02 marlas. Such an entry was not in Respondent No.2, instead of ation scheme, only relied upon the ation of the petitioner. sel appeared on advance notice this Court on November 10, 2025 e petitioner inter alia contends s Annexures P-2 and P-8 clearly ion is 36x16 karams and thus, n the other hand relies on a field in question is 36x14 karams kanals 16 marlas. olve the afore issue, let the efore this court for assistance on the adjourned date. terim directions, the Patwari was ring on January 20, 2026 with the , the parties have consented to the d March 29, 2022 (Annexure P-5) competent authority for a fresh SHALINI BHATIA 2026.01.31 17:38 I attest to the accuracy and integrity of this document CWP No.2570 of 2 decision to be ta 42 of the 1948 A 7. In impugned orde Commissioner under Section 42 the application into considerati documents: a) b) c) d) 8. In demarcation ma affected by the 9. Wi disposed of. 10. Con accordingly. (DEEPAK SIB JUDGE JANUARY 30 Shalini Whether speakin Whether reporta 70 of 2025 (O&M) o be taken in the application filed by 1948 Act. In the aforesaid circumstances, by order dated March 29, 2022 is ioner-respondent No.3 (the competen tion 42 of the 1948 Act, at present) is ation filed by the petitioner for corre ideration all the relevant document a) Masavi b) Misl-Hakiyat c) Khatauni-Paimash d) Aks Shajra In the event respondent No.3 de on may be conducted after associatin y the said demarcation. With the aforesaid directions, C Connected application(s), if any, s SIBAL) (LA DGE 30, 2026 speaking/reasoned: Ye reportable: Ye ed by the petitioner under Section , by the consent of parties, the 2 is set-aside and the Deputy petent officer to exercise power nt) is directed to adjudicate afresh correction of record, after taking uments including the following .3 deems it appropriate, a fresh ociating all the necessary parties ons, CWP No.2570 of 2025 is any, shall also stand disposed of (LAPITA BANERJI) JUDGE Yes/No Yes/No SHALINI BHATIA 2026.01.31 17:38 I attest to the accuracy and integrity of this document