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Punjab-Haryana High Court
Kamal Parkash vs Ram Kumar And Ors on 5 April, 2025
Neutral Citation No:=2025:PHHC:046853
CWP-7722-2025 (O&M) -1-
2025:PHHC:046853
109
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
****
CWP-7722-2025 (O&M)
Date of Decision: 05.04.2025
Kamal Parkash
..... Petitioner
Versus
Ram Kumar and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Harsh Mehla, Advocate
for the petitioner.
Mr. Sandeep S.Mann, Addl. A.G., Haryana.
*****
HARSH BUNGER J. (ORAL)
CM-5149-CWP-2025:
Prayer in the present application is for placing on record the
image of file cover of the partition case of Village Dhaulra, pending before
the Assistant Collector, 2nd Grade, Radaur, District Yamuna Nagar, as
Annexure P-7.
For the reasons mentioned in the application, the image of file
cover (Annexure P-7) of the partition case of Village Dhaulra, pending
before the Assistant Collector, 2nd Grade, Radaur, District Yamuna Nagar, is
taken on record, subject to all just exceptions.
Application is accordingly disposed of.
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Neutral Citation No:=2025:PHHC:046853
CWP-7722-2025 (O&M) -2-
CWP-7722-2025:
Petitioner (Kamal Parkash) has filed the instant writ petition
under Articles 226/227 of the Constitution of India, inter alia, seeking a writ
in the nature of Certiorari to set aside order dated 16.04.2024
(Annexure P-4) passed by the learned Assistant Collector, 2nd Grade, Radaur,
District Yamuna Nagar, whereby Mode of Partition was approved.
1.1 A further prayer has been made for setting aside order dated
05.11.2024 (Annexure P-6) passed by the learned Collector, Radaur,
whereby, an appeal filed by the petitioner against the sanctioned Mode of
Partition dated 16.04.2024 (Annexure P-4) has been dismissed.
2. Briefly, respondent No.1 (Ram Kumar) filed an application
seeking partition of the joint land measuring 38 Kanal-0 marla, situated at
Village Dhaulara, Tehsil Radaur, District Yamuna Nagar.
2.1 In the said partition proceedings, the Mode of Partition was
proposed, which subsequently came to be sanctioned by the learned
Assistant Collector, 2nd Grade, Radaur, District Yamuna Nagar, vide order
dated 16.04.2024 (Annexure P-4).
2.2 Feeling aggrieved against the aforesaid order dated 16.04.2024
(Annexure P-4), petitioner filed an appeal before the learned Collector,
Radaur, which was dismissed vide order dated 05.11.2024 (Annexure P-6).
3. In the aforementioned circumstances, the present writ petition
has been filed before this Court, seeking relief(s) as noticed hereinabove.
4. Learned counsel for the petitioner submits that the revenue
authorities below have erred in law and fact in passing the impugned
order(s). It is submitted that high tension wires pass through a part of the
land under partition, however, no provision has been made as regards the
proportionate distribution of the said area amongst the co-sharers. Learned
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Neutral Citation No:=2025:PHHC:046853
CWP-7722-2025 (O&M) -3-
counsel further submits that some of the area of land under partition is gair
mumkin, however, no provision has been made in that regard, as well.
5. Heard.
6. Here it would be gainful to refer to Mode of Partition dated
16.04.2024 (Annexure P-4); which reads as under:-
“Mode of Partition of land measuring 38 Kanal 0 Marle
Village Dhaura, Hadbast No.47
1. The partition of the land in question will be done by
disturbing the possession.
2. The Kurra of the applicant will be made separate and the
separate kurras of the defendants will be made adjoining to
each other.
3. In the disputed land, there is a tubewell constructed, its
value be estimated.
4. During partition the value of trees present on the disputed
land will be estimated.
5. During the partition, the land which is found Gair
Mumkin will not be involved in the partition. The rest of
chahi land will be partitioned after removing the possession
and good out of good and bad out of bad land will be
distributed to each kurra as per their share.
6. During partition, it three gaththe broad passage will be
made in the land in question.
For preparing the partition map, the fees of Halka
Kanungo is fixed as Rs.1000/-.”
7. A perusal of the above extracted Mode of Partition
(Annexure P-4) clearly shows that as per Clause 5 thereof, specific provision
has been made for excluding gair mumkin area from the land under partition
and further, provision has also been made for distributing the land as per its
kind/nature and value by providing that good land would be distributed out
of the good land and bad land would be distributed out of the bad land.
8. Since sufficient provisions have been made by the learned
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Neutral Citation No:=2025:PHHC:046853
CWP-7722-2025 (O&M) -4-
Assistant Collector, 2nd Grade, Radaur, District Yamuna Nagar, vide the
Mode of Partition (Annexure P-4), which clearly addresses the aforesaid
submissions made by learned counsel for the petitioner; I do not find any
merit in the instant writ petition and the same is accordingly dismissed.
9. All pending application(s), if any, shall also stand closed.
05.04.2025 (HARSH BUNGER)
Apurva JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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