MANOJ KUMAR Vs. COMMISSIONER SAHARANPUR DIVISION SAHARANPUR

JUDGEMENT

(1.) B. S. Verma, J. 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 order 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 respectively.

(2.) BRIEF facts of the case are that Bharat Singh was Bhumidhar of plot No. 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 executed 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 petitioner Nos. 2 and 3 on 26-8-1988 in respect of 1/8th share of undivided portion of these plots.

(3.) LEARNED Counsel for the petitioner Sri M. S. Tyagi has submitted that since it was a sale-deed in respect of a share only, it would not amount to fragmentation of the holdings. LEARNED Standing Counsel has contended that Sri Bharat Singh transferred the land in question only of l/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.