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2025 DAILYLAW 58447 (PNJ)

RAJARAM SINGH AND ANOTHER v. COMMISSIONER FARIDABAD DIVN AND OTHERS

CWP/14058/2025 · 2025-09-12

Harsh Bunger

body2025

Judgment text

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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