MANOJ KUMAR Vs. COMMISSIONER SAHARANPUR DIVISION

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners for issue of writ, order or direction in the nature of certiorari quashing the judgment and or der dated 3-1-2000 (Annexure No. 2) passed by respondent no. 1 and order dated 11-1-1999 (Annexure No. 1) passed by respondent no. 2 respec tively.

(2.) BRIEF facts of the case are that Bharat Singh was Bhumidhar of plots nos. 68 area 7-16-4 Bigha, plot no. 118 area 0-5-9 bigha, plot no. 122, area 6-3-17, total area 14-5-10 bigha. He ex ecuted a sale deed in favour of Deshpal (father of petitioner no. 1) and Karan Pal Singh and Krishan Pal Singh (both sons of Phool Singh), who are peti tioner nos. 2 and 3 on 26-8-1988 in respect of 1/8th share of undivided por tion of these plots.

(3.) LEARNED counsel for the peti tioner Sri M. S. Tyagi has submitted that since it was a sale deed in respect of a share only, it would not amount to frag mentation of the holdings. LEARNED Standing Counsel has contended that Sri Bharat Singh transferred the land in question only of 1/8th share by way of sale deed, which is less than 3. 125 acres, which is a fragment as defined in Section 3 (8-a) (b) of the Act.