RAJARAM SINGH AND ANOTHER v. COMMISSIONER FARIDABAD DIVN AND OTHERS
CWP/14058/2025 · 2025-09-12
Harsh Bunger
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58447 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58447 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CM-13331-CWP-2025 in/and 1
CWP-14058-2025 (O&M) CWP-27315-2025 and CWP-14049-2025
113+237+236+131
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CM-13331-CWP-2025 in/and CWP-14058-2025 (O&M)
CWP-27315-2025 and CWP-14049-2025
Date of decision: 12.09.2025
RAJARAM AND ANOTHER
....Petitioners Versus
COMMISSIONER FARIDABAD DIVISION FARIDABAD AND OTHERS
....Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Ashok Kaushik, Advocate
for the petitioner in CWP-27315-2025 and
for respondent No.12 in CWP-14058-2025.
Mr. Amit Jain, Senior Advocate with
Mr. Parit Aggarwal, Advocate and
Mr. Aryaman Thakur, Advocate
for the petitioner in CWP-14058-2025 and
CWP-14049-2025 & for respondents No. 13, 14 and 16 in CWP-27315-2025.
Ms. Shalini Atri, Advocate with
Ms. Manpreet Kaur, Advocate
for respondents No.4, 5, 8, 9, 10,11 and 12.
Mr. Sunil Chadher, Advocate with
Mr. Rohit Mittal, Advocate and
Ms. Taanvi Dhull, Advocate
for respondent No.14.
****
HARSH BUNGER, J (ORAL)
CM-13331-CWP-2025
This is an application filed by the petitioner for seeking withdrawal of the present petition qua respondent No.14 only on the plea that the matter has been settled between them vide settlement/agreement
MONIKA RANI 2025.09.16 10:26 I attest to the accuracy and integrity of this document
CM-13331-CWP-2025 in/and 2
CWP-14058-2025 (O&M) CWP-27315-2025 and CWP-14049-2025
dated 26.08.2025 (Annexure P-15) and memorandum of understanding dated 26.08.2025 (Annexure P-16).
Learned counsel for the petitioner as well as counsel for respondent No.14 submit that said application be considered only to the extent of placing on record the settlement and the memorandum of understanding executed between the petitioner and respondent No.14 and that the matter may be decided on its own merits.
Annexure P-15 and P-16 are taken on record, subject to all just exceptions.
Application stands disposed of accordingly. Main Case
1.
This order shall dispose of aforesaid three petitions since common questions of facts and law are involved in the same. For the sake of convenience, facts are being taken from CWP-14058-2025.
2.
Prayer in the instant writ petition is for issuance of writ of certiorari for seeking quashing of order dated 19.01.2024, Annexure P-6,
order dated 23.02.2024, Annexure P-7, order dated 28.10.2024, Annexure P-9 and order dated 17.04.2025 (Annexure P-10). Perusal of the order dated 17.04.2025 (Annexure P-10) shows that the matter as regards partition of joint khewat has been remanded to the Assistant Collector for deciding the same afresh, after making certain observations therein. Learned counsel for the petitioner submits that the petitioner(s) are not averse to the order of remand, however, the observation made therein as regards the allocation of areas to certain co-sharers in a particular manner, is what the petitioners are aggrieved of at this stage.
MONIKA RANI 2025.09.16 10:26 I attest to the accuracy and integrity of this document
CM-13331-CWP-2025 in/and 3
CWP-14058-2025 (O&M) CWP-27315-2025 and CWP-14049-2025
3.
Learned counsel for the respective parties submit that they have no objection if the matter is re-considered by the Assistant Collector afresh without being influenced by anything observed by Ld. Commissioner in the
order dated 17.04.2025 (Annexure P-10) and that the matter be decided on its own merits, in accordance with law.
4.
Keeping in view the aforesaid consensus arrived at between the parties, the present petitions are disposed of with a direction that the partition case be decided afresh by the concerned Assistant Collector in accordance with law after giving due opportunity of hearing to the all concerned parties and without being influenced by anything observed by the Commissioner in its order dated 17.04.2025 (Annexure P-10). The parties would be at liberty to put forth their claims as per their entitlement in accordance with law. The parties are directed to appear before the Assistant Collector on 22.09.2025. It is further directed that the partition proceedings will be completed within a period of six months from the date when the parties put in appearance before the Assistant Collector, subject to any other legal impediment or any
order passed by the higher authority.
5.
Ordered accordingly.
6.
All the pending application(s), if any, shall also stand closed.
7.
A photocopy of this order be placed on the file(s) of connected case(s).
12.09.2025
( HARSH BUNGER) monika
JUDGE
1. Whether speaking/ reasoned : Yes /No
2. Whether reportable
: Yes /No MONIKA RANI 2025.09.16 10:26 I attest to the accuracy and integrity of this document