CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -1- 107 (2 cases) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** Date of Decision: 22.07.2025 (I) CM-10095, 10096 & 10097-CWP-2025 in/and CWP-1930-2023 (O&M) Rajender (Deceased) Through LRs. ..... Petitioners Versus Commissioner, Gurugram Division and others ..... Respondents (II) CM-10098,10099 & 10100-CWP-2025 in/and CWP-1941-2023 (O&M) Rajender (Deceased) Through LRs. ..... Petitioners Versus Commissioner, Gurugram Division and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present: Mr. Sanjay Mittal, Advocate for the petitioners. Ms. Upasana Dhawan, AAG, Haryana. Mr. Sandeep Verma, Advocate for respondent No.4. Mr. Arvind Kumar Yadav, Advocate for respondent No.5. ***** HARSH BUNGER J. (ORAL) CM-10095-CWP-2025 and CM-10098-CWP-2025 These are the applications filed under Section 151 of the Code of HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -2- Civil Procedure for preponing the main writ petitions (CWP-1930-2023 & CWP-1941-2023, respectively) to some early date, which are otherwise pending for 25.09.2025. For the reasons mentioned in the applications, the same are allowed as prayed for and the main writ petitions (CWP-1930-2023 & CWP- 1941-2023) are preponed and are taken up on Board today itself. Applications stand disposed of accordingly. CM-10096-CWP-2025 CM-10099-CWP-2025 These are the applications filed under Section 151 of the Code of Civil Procedure for placing on record affidavits dated 30.08.2024, attested on 05.09.2024 as Annexure A/1, amended Naksha Be as Annexure A/2 and Aks Shajra as Annexure A/3. For the reasons mentioned in the application, the same are allowed and Annexures A/1 to A/3 are taken on record, subject to all just exceptions. Applications stand disposed of accordingly. CWP-1930-2023 (O&M) CWP-1941-2023 (O&M) This order shall dispose of two writ petitions, bearing CWP-1930-2023 and CWP-1941-2023 and for the purpose of passing this order, the facts are being taken from CWP-1930-2023. 1.1 The present writ petition (CWP-1930-2023) has been filed under Article 226 of the Constitution of India inter alia seeking issuance of writ in the nature of Certiorari for quashing order dated 27.10.2021 (Annexure P-4) passed by learned Assistant Collector 1st Grade, Bawal; order dated 06.12.2021 (Annexure P-5) passed by learned Assistant Collector 1st Grade, HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -3- Bawal; order dated 15.03.2022 (Annexure P-8) passed by learned District Revenue Officer-cum-Collector, Rewari Camp at Bawal and order dated 10.11.2022 (Annexure P-10) passed by learned Commissioner Gurugram Division, Gurugram. 2. The aforesaid orders impugned in this writ petition relate to the partition proceedings initiated at the instance of respondent No.4 (Surender) in respect of land comprised in Khewat No.52 (as per jamabandi for the year 2012-13), measuring 161 kanals 6 marlas, situated in Village Pragpura, Tehsil Bawal, District Rewari. 3. It appears that during the pendency of the present writ petitions, a compromise has been arrived at between the parties, accordingly CM-10097- CWP-2025 & CM-10100-CWP-2025 have been filed on behalf of the petitioner(s) under Order 23 Rule 3 of the Code of Civil Procedure read with Section 151 CPC seeking disposal of the writ petitions in terms of the compromise arrived at between the parties, which stands recorded in the affidavit dated 30.08.2024 attested on 05.09.2024 (Annexure A/1). The relevant extract thereof reads as under: “We, Abhay Singh son of Mohar Singh son of Nathu and Mukesh Kumar-Dharam Chand-Sunder Lal sons of Jagmal son of Mohar Singh and Surender son of Mukha son of Nathu and Ajay Kumar-Umesh Yadav sons and Mamta-Rina-Lalita Kumari daughters and Smt. Krishna Devi widow of Rajender son of Mukh Sumitra widow of Sunil Dutt son of Jagmal Singh all are residents of Pragpura Tehsil Bawal, District Rewari and solemnly affirm as under: 1. That we parties are owner in possession of land comprised in khewat no. 69 khatoni no. 77, Khatoni No. 78, Khatoni no. 79 total 29 measuring 161 kanal 6 marla situated at Pragpura Tehsil Bawal District Rewari as per jamabandi for the year 2022-23 and HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -4- mutation no.507 of inheritance had been sanctioned. 2. That we parties belong to the Hindu Joint family. To avoid any kind of conflict between us and to maintain the dignity of our elders forever, so we have divided the said property mutually in the following manner.- A- The property which came to the share of Surender son of Mukha son of Nathu in the mutual partition:- Kh. No. No. 3 Killa No. 12/2(3-6), 13(0-16), 18/2(5-18), 19(8-0), 20(8-0), Kh. No. 4, Killa No. 16/1/1 (2-4), Kh. No. 6 Killa no. 12/1 (1-0), 13/1(6-14), Kh.No. 20 Killa No. 2/2/5(0-6), 9/1(2-0) Kita 10 Total 38 Kanal 4 Marla situated at Village Pragpura, Tehsil Bawal, District Rewari. B:- The property which came in the share of Abhay Singh son of Mohar Singh son of Nathu in the internal partition: - Kh. No. 3 Killa No. 25/2(0-2), Kh, No. 4 Killa No. 24/2/2(3- 15), 25/2(7-2), Kh. No. 6 Killa No. 12/2(0-6), 13/2(1-6), 18(8-0), Kh. No. 8 Killa No. 4/2(3-18), 5(8-0), Kh. No. 9 Killa No. 1(3-12), Kh. No. 20 Killa No. 2/2/3(0-7), 9/3(1- 18) kita 11 Total 38 Kanal 6 Marla situated at Village Pragpura Tehsil Bawal, District Rewari. C:- Property which came in the share of Mukesh Kumar son of Jagmal Singh son of Mohar Singh in the mutual partition:- Kh. no. 8 killa no. 3/2(4-18), 4/1(4-2), Kh.No. 20 Killa No. 10/1/3(0-11) kita 3 total 9 Kanal 11 Marla situated at village Pragpura Tehsil Bawal, District Rewari D:- Property which came in the share of Dharam Chand son of Jagmal Singh son of Mohar Singh in the mutual partition:- Kh. No. 8 killa No. 2/2(5-18), 3/1(3-2), kh. No. 20 Killa No. 10/1/2 (0-11) Kita 3 total 9 Kanal 11 Marla situated at village Pragpura Tehsil Bawal, District Rewari E- Property which came to share of Sundarlal son of HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -5- Jagmal Singh son of Mohar Singh in the mutual partition. kh. No. 8 Killa no. 1/1 (1-2), kh. No. 7 Killa No. 5(8-0), kh. No. 20 Killa No. 2/2/2(0-1), 9/4(0-8) Kitta 4 total 9 Kanal 11 Marla situated at village Pragpura Tehsil Bawal District Rewari. F:- Property which came to the share of Ajay Kumar, Umesh Yadav, sons and Mamta, Reena, Lalita Kumari, daughters and Smt. Krishna Devi, widow of Rajender son of Mukha, in six equal shares in mutual partition : - Kh. No. 3 Killa No. 17(0-15), 21/1(7-11), 22/1(7-4), 23/1(7- 11), 24/1(6-15), 25/1(2-4), kh. No. 4 Killa No. 16/1/2(3-9), 24/2/1(0-1), 25/1(0-9), kh. No. 20 Killa No. 2/2/4(0-6), 9/2(1-19) Kita 11 Total 38 Kanal 4 Marla situated at village Pragpura Tehsil Bawal, District Rewari. G:- Property which came in the share of Sumitra widow Sunil Dutt son of Jagmal Singh in the mutual partition:- kh. No. 8 killa No. 1/2(6-18), 2/1(2-2), kh. No. 20 killa No. 9/5(0-5), 10/1/1(0-7) Kita 4 total 9 Kanal 12 Marla situated at village Pragpura Tehsil Bawal, District Rewari. H:- Property which came in mutual partition to share of Surender son of Mukha son of Nathu 1/2 share, Ajay Kumar -Umesh Yadav sons and Mamta-Reena-Lalita Kumari daughters and Smt.Krishna Devi widow Rajender son of Mukha each six 1/2 share: Kh. No. 3 Killa No. 18/1(0-3) Kita 1 total 3 marla situated at village Pragpura Tehsil Bawal District Rewari. I- Property which in mutual partition came to the share of Abhay Singh son of Mohar Singh son of Natthu 1/4 share-Mukesh Kumar-Dharmchand Sundarlal son of Jagmal Singh son of Mohar Singh each three 3/16 share, Surender son of Mukha son of Nathu 1/4 share, Ajay Kumar-Umesh Yadav sons and Mamta-Reena-Lalita Kumari daughters and Mrs. Krishna Devi widow Rajender son of Mukha each six equal ¼ share- Sumitra widow Sunil Dutt son of Jagmal Singh 1/16 share: - HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -6- kh. No. 3 killa No. 21/2 (0-9), 22/2(0-8), 22/3(0-9), 23/2(0- 9), 24/2(0-9), kh. No. 4 killa No. 24/2/3(0-8), 25/3(0-9), kh. No. 20 killa No. 2/2/1 (0-9), Khasra No. 93(3-4), Kh. no. 14, Killa No.19/3(1-12) Kita 10, kita 10, total 8 Kanal, 6 Marla, situated at village Pragpura, Tehsil Bawal, District Rewari. 3. That we have done the partition today with mutual consent. As per the aforesaid partition, the land which came in the share of which party has taken possession and has become its complete owner and we land owners have the right on the partitioned property to use our share in any way we want, to transfer it in any way. Take loan from any bank, sale, make an agreement, and use it in any way as per our convenience. The other party will not have any objection. If any party will raise dispute about the aforesaid property, that will be illegal and void. We have done this partition after thinking properly with our own will and pleasure, to which parties and their heirs will be binding. Sd- Abhay Singh Sd- Sunder Lal Sd- Sumitra Sd-Mamta Sd- Dharm Chand, Sd- Surender Sd- Ajay Kumar Sd- Reena Sd- Lalits Kumari Sd- Umesh yadav Sd- Mukesh RTI Krishna Devi.” 4. Learned counsel(s) appearing for the private respondents have not disputed the factum of compromise arrived at between the parties and also the contents of the affidavit, as extracted above. 4.1 Learned counsel(s) for the private respondents submit that they have no objection if the writ petitions are disposed of in terms of the above extracted terms and conditions of the settlement arrived at between the parties. 5. Keeping in view the above, the present writ petitions are disposed of accordingly. 6. It goes without saying that the petitioner(s) would be at liberty to approach the Revenue Authorities for seeking necessary changes/amendments HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document CWP-1930-2023 (O&M) along with CWP-1941-2023 (O&M) -7- in the partition papers including the Sanad Taksim in accordance with the terms and conditions of the settlement, as extracted above. 7. All the pending application(s), if any, shall also stand closed. 8. Photocopy of this order be placed on the file of another connected matter. 22.07.2025 (HARSH BUNGER) Himani JUDGE 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No HIMANI GUPTA 2025.07.25 18:53 I attest to the accuracy and integrity of this document