Kamal Parkash vs Ram Kumar And Others on 5 April, 2025

Punjab-Haryana High Court

Kamal Parkash vs Ram Kumar And Others on 5 April, 2025

                                Neutral Citation No:=2025:PHHC:046865




CWP-7831-2025                                                             -1-
                                                            2025:PHHC:046865
110

      IN THE HIGH COURT OF PUNJAB & HARYANA
                  AT CHANDIGARH
                                        ****

                                                 CWP-7831-2025
                                                 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)

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 64 Kanal-6 marla, situated at

Village Rattangarh, Tehsil Jagadhari, District Yamuna Nagar.

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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 some of the area of land under partition is

gair mumkin, however, no provision has been made in that regard.

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 64 Kanal 6 Marle
Village Rattangarh, Hadbast No.487

1. The partition of the land in question will be done by
protecting the possession as it is. If need arise then the
partition will be done after removing 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 by
any party will be given to that party and it there is any
mutual tubewell then its value be estimated.

4. If during partition, the tree will go to share of one or
another then its value will be estimated.

5. During the partition, the land which is Gair Mumkin will

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not be involved in the partition, after leaving that land only
chahi land will be partitioned.

6. During partition, it is not necessary to make a passage for
the disputed land because the land is already adjoining to
the road. If as per law, there arises any need to do so then
three gaththe broad passage will be made.
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.

8. Since sufficient provisions have been made by the learned

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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