MIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of CWP Nos.696 of 2014 and 18923 of 2014 together as common questions of law and facts are involved in both the petitions.

(2.) Petitioners in CWP No.696 of 2014 are seeking quashing of the order dated 04.12.2013 (Annxure P-18) passed by the Financial Commissioner, Haryana, dismissing their revision petition No.242/2013; order dated 19.10.2011 passed by the Assistant Collector, Ist Grade, Sohna during partition proceedings and the order dated 02.08.2012 (Annexure P-10 Collectively), whereby partition proceedings were concluded.

(3.) On 15.11.2006, Jaipal filed an application for partition of 08 Kanals of land against Mir Singh, Satpal, Mool Chand, Rattan. Another application dated 19.09.2007 (Annexure P-1) was filed by Bharta against Mir Singh, Rattan Singh and Jaipal for partition of land measuring 189 Kanals 18 Marlas. In this application, Bharta had admitted possession of Mir Singh over a parcel of land. To the above application, Mir Singh filed written statement dated 14.11.2007 (Annexure P-2) admitting possession as mentioned by Bharta. Rattan Singh and Jaipal filed a common written statement dated 12.12.2007 (Annexure P-3). In this written statement, they did not deny the possession of Mir Singh over the land mentioned therein. Later on, Bharta made a request for consolidating/clubbing the aforesaid partition applications. However, his request was rejected vide order dated 12.03.2008. Naksha 'Ka' was received by the Assistant Collector on 09.07.2008 and the matter was adjourned to 23.07.2008 for recording statements of the parties. Thereafter, the matter was kept on adjourning from time to time and on 08.06.2011, it was adjourned to 29.06.2011 for recording statement of the applicant. At that stage, application (Annexure P-4) for clubbing both the applications for partition was made by Bharta. On 29.06.2011, statement of Bharta was recorded. It was observed that several opportunities had already been afforded to the respondents and the matter was adjourned to 13.07.2011.