IN THE HIGH COURT OF PUNJAB AND HARYANA SUNITA STATE OF HARYANA AND OTHERS CORAM: Present : HARSH BUNGER, J. [ORAL] Articles 226/227 of the Constitution of India, the nature of (Annexure P Rohtak. 2. joint land, measurin no.22//19 (as per jamabandi for the year 2020 Tehsil and District Charkhi IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus STATE OF HARYANA AND OTHERS HON’BLE MR. JUSTICE HARSH BUNGER Mr. Sumit Sangwan, Advocate for the petitioner. Mr. Rajneesh Chadwal, A.A.G., Haryana. HARSH BUNGER, J. [ORAL] Petitioner (Sunita) has filed the instant writ petition under Articles 226/227 of the Constitution of India, the nature of certiorari for setting aside the order dated 06.05.2025 (Annexure P-8) passed by the learned Commissioner, Rohtak Division, Briefly, the petitioner filed an application seeking partition of joint land, measuring 35 Kanals – 5 Marlas (as per jamabandi for the year 2020 Tehsil and District Charkhi Dadri. Page 1 of 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17775-2025 (O&M) Date of decision :03.07.2025 …Petitioner …Respondents HON’BLE MR. JUSTICE HARSH BUNGER Mr. Rajneesh Chadwal, A.A.G., Haryana. Petitioner (Sunita) has filed the instant writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in for setting aside the order dated 06.05.2025 8) passed by the learned Commissioner, Rohtak Division, Briefly, the petitioner filed an application seeking partition of 5 Marlas, comprised in Khewat (as per jamabandi for the year 2020-21), situated at Village Mori, 4 2025 (O&M) Date of decision :03.07.2025 Petitioner (Sunita) has filed the instant writ petition under , seeking a writ in for setting aside the order dated 06.05.2025 8) passed by the learned Commissioner, Rohtak Division, Briefly, the petitioner filed an application seeking partition of Khewat 21), situated at Village Mori, GURPREET KAUR 2025.07.07 16:47 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 2.1 It appears that in the partition proceedings, the mode of partition came to be approved on 13.01.2023 (Annexure P-2) whereupon, naksha `kha’ was called from the field staff. Upon receipt of naksha `kha’ dated 20.01.2023 (Annexure P-3), objections thereon were invited from the co-sharers. Petitioner is stated to have submitted her objections to the afore- said naksha `kha’. The objections to naksha `kha’ submitted by the petitioner were opposed by the private respondents herein by filing their reply. 2.2 It appears that the objections to naksha `kha’ submitted by the petitioner came to be dismissed by the learned Assistant Collector and the naksha `kha’ was approved vide order dated 10.04.2023 (Annexure P-6). 2.3 Being dis-satisfied with the order dated 10.04.2023 (Annexure P-6), the petitioner preferred an appeal before the learned Collector, Charkhi Dadri, which was allowed vide order dated 20.03.2024 (Annexure P-7) and the matter was remanded to the learned Assistant Collector to call for a fresh naksha `kha’ after allotting land to all the co-sharers in both the parcels of land. 2.4 Feeling aggrieved against the order dated 20.03.2024 (Annexure P-7) passed by the learned Collector, Charkhi Dadri, the private respondents preferred an appeal before the learned Commissioner, Rohtak Division, Rohtak, which has been allowed vide impugned order dated 06.05.2025 (Annexure P-8). 2.5 In the afore-mentioned circumstances, the present writ petition has been filed before this Court for the relief/s, as noticed here-in-above. 3. Heard. 4. The only submission raised on behalf of the petitioner is that the land under partition is comprised in two separate parcels of land at GURPREET KAUR 2025.07.07 16:47 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh different places. One parcel of land forms a part of Rectangle no.16, whereas, another parcel of land forms a part of Rectangle no.10. It is contended that respondent no.6 (Smt. Sunita w/o Sh. Amarjit) has been allocated land only in one parcel of land, comprised in Rectangle no.16, whereas, she should have been allocated land in both the parcels of land. 4.1 The afore-said contention raised on behalf of the petitioner was duly considered and rejected by the learned Commissioner, vide impugned order dated 06.05.2025 (Annexure P-8) by observing that if respondent No.6 (Smt. Sunita w/o Sh. Amarjit) is allotted land in both the parcels, forming part of Rectangle no.16 and Rectangle no.10, then her land would be unnecessarily divided into two parts and would not remain cultivable. 5. I have also considered the aforesaid contention raised on behalf of the petitioner and in my considered view, the total land, under partition, is 35 kanals–5 marlas, wherein, respondent No.6 (Smt. Sunita w/o Sh. Amarjit) is owner of only 2 kanals–16 marlas of land. In case, the afore-said 2 kanals-16 marlas of land is to be allotted at two separate places, as prayed by the petitioner herein, it would certainly lead to formation of small fragments of land, thereby rendering the land un-cultivable. 6. Considering the fact that since the total land under partition is measuring 35 kanals-5 marlas, wherein respondent No.6 owns only 2 kanals-16 marlas of land, it would be in the interest of justice to allot the due share of respondent No.6-Sunita, in one compact block itself so as to render the said area worth cultivation. 7. In this view of the matter, I find no illegality or perversity in the order dated 06.05.2025 (Annexure P-8) passed by the learned GURPREET KAUR 2025.07.07 16:47 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Commissioner, Rohtak Division, Rohtak. Resultantly, the instant writ petition fails and the same is, accordingly, dismissed. 8. All pending application/s, if any, shall also stand closed. July 03, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No GURPREET KAUR 2025.07.07 16:47 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh