KANWAR LAL Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) This judgment shall dispose of the aforementioned writ petition and the connected contempt petition.

(2.) The petitioner and the private respondents are brothers being sons of Ram Kishan. The dispute between them is regarding partition of their joint holding measuring 2226 kanal 15 marlas.

(3.) Respondent No.5-Bishan Devi widow of Kailash Chand son of Ram Kishan moved an application dated 30.10.2002 for partition of the joint holding. The petitioner filed a reply thereto and raised a preliminary objection that the land stood partitioned in the year 1975 and that parties are in their respective individual possession. The Assistant Collector, First Grade, Dharuhera, proposed a mode of partition (Annexure P-3) inter alia providing therein that possession, type of land and cultivation be kept in mind, the area in which a party had constructed a tubewell be given to it and area falling on road/village be given as per share. Spot inspection was conducted on 15.6.2004 and the possession of respective parties was verified. On the same day, parties were heard and objections were considered. The objection that possession had not been respected, was rejected on the ground that certain adjustments were necessary to give effect to the condition of providing area adjoining the road and the village in accordance with respective shares. Naksha Bey was sanctioned on the same day and Naksha Zeem was called for 23.7.2004. Thereafter, the matter remained pending for three years and another spot inspection was conducted on 5.4.2007. Directions were given to prepare amended Naksha Bey on 7.8.2008. Amended Naksha Bey was presented on the same day and was accepted. Naksha Zeem was called for 24.10.2007. It was, however, sanctioned on 14.11.2007 and sanad takseem was issued thereafter.