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High Court of Punjab and Haryana · body

2015 DAILYLAW 2587 (PNJ)

ANGURI DEVI v. FINANCIAL COMMISSIONER AND ORS

CWP/4767/2015 · 2026-07-10

Pankaj Jain

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Judgment text

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CWP-4767-2015 [220] [1] Angoori Devi Financial Commissioner Department Civil Secretariat [2] Anguri and others Ram Singh (deceased) through his LRs and others Coram : Present: PANKAJ JAIN [1] of the Constitution of India P-7) passed by dated 10.08.2010 (Annexure P Commissioner, Hisar, has been [2] measuring 68 kanals, 05 marlas out of a joint holding measuring 214 kanals, 10 marlas vide sale deed 2015 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-4767 Date of Decision : Angoori Devi Financial Commissioner-cum-Principal Secretary, Department of Disaster Management, Haryana Civil Secretariat, Sector 17, Chandigarh & RSA-1019 Anguri and others Ram Singh (deceased) through his LRs and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. G.S. Bhatia, Advocate for the petitioner/appellants. Mr. Pankaj Mulwani, Senior DAG, Haryana. Mr. Rakesh Gupta, Advocate for respondent Nos.5 &7. **** PANKAJ JAIN, J. (ORAL) The present writ petition has been filed under Articles 226/227 Constitution of India, impugning order dated 09.01.2014 (Annexure 7) passed by learned Financial Commissioner dated 10.08.2010 (Annexure P-5) passed by Commissioner, Hisar, has been set aside. The present petitioner is one of the purchasers of land measuring 68 kanals, 05 marlas out of a joint holding measuring 214 kanals, marlas vide sale deeds executed in the year IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 4767-2015 (O&M) Date of Decision : 10.07.2026 …Petitioner Versus Principal Secretary, Haryana & others ….Respondents 1019-2021 …Appellants Versus ….Respondents PANKAJ JAIN Mr. Pankaj Mulwani, Senior DAG, Haryana. Advocate The present writ petition has been filed under Articles 226/227 , impugning order dated 09.01.2014 (Annexure Financial Commissioner, Haryana, whereby order 5) passed by learned Divisional The present petitioner is one of the purchasers of land measuring 68 kanals, 05 marlas out of a joint holding measuring 214 kanals, executed in the years 2009 and 2010. 1 The present writ petition has been filed under Articles 226/227 , impugning order dated 09.01.2014 (Annexure whereby order learned Divisional The present petitioner is one of the purchasers of land measuring 68 kanals, 05 marlas out of a joint holding measuring 214 kanals, RAJNEESH SHARMA 2026.07.20 18:55 I agree to specified portions of this document CWP-4767-2015 [3] 111 of the Punjab Land Revenue Act, 1 Collector, seeking partition of the suit land. Sanad Taksim ( was sanctioned on 23.05.2008. [4] Assistant Collector in appeal preferred under Section 13 of the Punjab Revenue Act. The 07.08.2009 holding that the partition was ordered without following due procedure of law. ‘Jeem’ was received on 1 23.05.2008. The vendors learned Commissioner, Hisar. The appeal was allowed Order dated 0 dated 23.0 [5] Punjab Land Revenue Act impugned order dated the revision. Partition proceedings stand remanded back Collector, Narwana, to decide the same afresh after granting opportunity to all the parties [6] parties consented that learned Assistant Collector to decide the matter as per the remand order passed by learned Financial Commissioner manner. 2015 (O&M) The vendors of the petitioner filed application under Section 111 of the Punjab Land Revenue Act, 1 Collector, seeking partition of the suit land. Sanad Taksim ( was sanctioned on 23.05.2008. The private respondents assailed the order passed by Assistant Collector in appeal preferred under Section 13 of the Punjab Revenue Act. The appeal was allowed 08.2009 holding that the partition was ordered without following due procedure of law. Naksha ‘Bay’ was confirmed on 23.05.2008. was received on 18.07.2008, whereas 23.05.2008. The vendors of the present petitio Commissioner, Hisar. The appeal was allowed Order dated 07.08.2009 passed by learned dated 23.05.2008 was maintained. Private respondents filed revision under Section 16 of the Punjab Land Revenue Act before learned impugned order dated 09.01.2014, learned the revision. Partition proceedings stand remanded back Collector, Narwana, to decide the same afresh after granting opportunity to all the parties in accordance with principles of During the course of hearing, counsel representing both the parties consented that the writ petition be disposed off with the direction to Assistant Collector to decide the matter as per the remand order by learned Financial Commissioner The vendors of the petitioner filed application under Section 111 of the Punjab Land Revenue Act, 1887 before learned Assistant Collector, seeking partition of the suit land. Sanad Taksim (Annexure P The private respondents assailed the order passed by learned Assistant Collector in appeal preferred under Section 13 of the Punjab Land was allowed by Collector vide order dated 08.2009 holding that the partition was ordered without following due was confirmed on 23.05.2008. Naksha whereas Sanad Taksim was issued on of the present petitioner filed appeal before Commissioner, Hisar. The appeal was allowed on 10.08.2010. learned Collector was set aside and order Private respondents filed revision under Section 16 of the learned Financial Commissioner. Vide learned Financial Commissioner allowed the revision. Partition proceedings stand remanded back to learned Assistant Collector, Narwana, to decide the same afresh after granting opportunity to rinciples of natural justice. During the course of hearing, counsel representing both the the writ petition be disposed off with the direction to Assistant Collector to decide the matter as per the remand order by learned Financial Commissioner afresh but in a time bound 2 The vendors of the petitioner filed application under Section Assistant Annexure P-4) learned and dated 08.2009 holding that the partition was ordered without following due Naksha was issued on ner filed appeal before on 10.08.2010. Collector was set aside and order Private respondents filed revision under Section 16 of the Financial Commissioner. Vide Financial Commissioner allowed Assistant Collector, Narwana, to decide the same afresh after granting opportunity to During the course of hearing, counsel representing both the the writ petition be disposed off with the direction to Assistant Collector to decide the matter as per the remand order afresh but in a time bound RAJNEESH SHARMA 2026.07.20 18:55 I agree to specified portions of this document CWP-4767-2015 [7] disposed off partition application afresh within a period of 03 months from the day the parties appear before him. [8] IInd Grade, Narwana on [9] parties shall maintain [10] order passed in the [11] disposed off [12] case. 10.07.2026 ‘R. Sharma' 2015 (O&M) Finding the request to be fair, the present disposed off with the direction to learned partition application afresh within a period of 03 months from the day the parties appear before him. Parties are directed to appear before IInd Grade, Narwana on 13.08.2026. Till the final adjudication by parties shall maintain status quo with regard to the The Regular Second Appeal order passed in the writ petition. All pending miscellaneous application(s), if any, stands disposed off. Photocopy of this order be placed on the file of connected 10.07.2026 Whether speaking/ reasoned Whether reportable Finding the request to be fair, the present writ petition is learned Assistant Collector to decide the partition application afresh within a period of 03 months from the day the Parties are directed to appear before learned Assistant Collector, Till the final adjudication by learned Assistant Collector, the with regard to the possession. ppeal is disposed off in the light of the All pending miscellaneous application(s), if any, stands Photocopy of this order be placed on the file of connected (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 writ petition is Assistant Collector to decide the partition application afresh within a period of 03 months from the day the tant Collector, Assistant Collector, the in the light of the All pending miscellaneous application(s), if any, stands Photocopy of this order be placed on the file of connected RAJNEESH SHARMA 2026.07.20 18:55 I agree to specified portions of this document