BALJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The civil writ petition has been filed by Baljit Singh (petitioner) under Articles 226/227 of the Constitution of India seeking quashing of the order dated 25.07.2002 (Annexure P-5) passed by the Assistant Collector Ist Grade, Thanesar (respondent No.5) and the order dated 19.05.2004 (Annexure P-6) passed by the Commissioner, Ambala Division, Ambala (respondent No.3) and for directing the official respondents to maintain status quo in terms of the order dated 09.06.1998 (Annexure P-3) passed by the learned Financial Commissioner, Haryana (respondent No.2).

(2.) The petitioner-Baljit singh is the grandson of Jawahar Singh. Manphool Singh (respondent No.6) is the son of Jawahar Singh. According to the petitioner-Baljit Singh, he served in the Indian Army for fifteen years and thereafter retired on superannuation. There are 39 parties who are co-related through their ancestors i.e. grand-father. They had common land before partition. In the absence of the petitioner, it is alleged that all the 39 co-sharers of the joint land partitioned the land. Khasra No.1161 and some portion of land from Khasra Nos.1156/2 and 1162/1 as per 'Naksha Bey' (Annexure P1) prepared by the revenue authorities came to the share of Manphool Singh (respondent No.6). The said land in the aforesaid Khasra numbers was being cultivated by Manphool Singh (respondent No.6) and his ancestors for the last 40 years. Manphool Singh (respondent No.6) and other co-sharers moved an application to the Tehsildar, Thanesar that the land which was being cultivated by them should remain intact in the partition proceedings. The Assitant Collector Ist Grade, Thanesar (respondent No.5) vide order dated 27.01.1995 (Annexure P-2) started division of land measuring 1312 kanals 6 marlas in village Sudhpur, Tehsil Thanesar. It was inter alia recorded in the said order (Annexure P-2) that the division of land would be made by keeping the possession intact and if there was shortage, it would be removed keeping in view the area. The petitioner was allotted 4 acres land, which according to the petitioner was allotted in his absence and was 'kallar' land. He was allotted land comprised in Khasra Nos.1168, 1167, 1166 and 1162/2. Land in Khasra No.1161 was allotted to Manphool Singh (respondent No.6). The petitioner-Baljit Singh was satisfied with this partition and he had no grudge against any relative. Thereafter Manphool Singh (respondent No.6) moved an application to the Assistant Collector Grade II, Thanesar for handing over Killa No.1161 which was also 'kallar' land with the petitioner. The Assistant Collector Grade II decided the matter in favour of the petitioner and ordered that status quo should be maintained. Thereafter, Manphool Singh (respondent No.6), however, filed an appeal before the District Collector, Kurukshetra (respondent No.4) who set aside the order of the Assitant Collector Grade II. The petitioner then filed a revision petition before the Commissioner, Ambala Division, Ambala (respondent No.3) who also decided the matter in favour of the petitioner. Manphool Singh (respondent No.6) then filed a revision petition before the Financial Commissioner, Haryana (respondent No.2) who after hearing the parties found no merit in the objections filed by Manphool Singh (respondent No.6) who was petitioner No.4 before the Financial Commissioner. It was, however, ordered that the land in Khasra No.451 would not be for Hukam Singh only but for all concerned co-sharers. Manphool Singh (respondent No.6) along with others then filed CWP No.18570 of 1998 in this Court. This Court vide order dated 14.02.2002 observed that the parties were at variance with regard to the sanctity of the site plan produced by them. It was not possible to determine the matter without knowing the factual position at the spot. The parties were agreed that the matter be remitted to the Assistant Collector Ist Grade, Thanesar (respondent No.5) who after examining the site plan produced by the parties was to pass a fresh order. Accordingly, all the impugned orders were quashed and the case was remitted to the Assistant Collector Ist Grade, Thanesar (respondent No.5) to hear the parties and pass a fresh order.

(3.) The Assistant Collector Ist Grade, Thanesar (respondent No.5) vide order dated 25.07.2002 (Annexure P-5) ordered that changes be made qua Baljit Singh - petitioner on the northern side of Khasra Nos.1161, 1162/1 and 1156/2 and Manphool Singh (respondent No.6) be compensated from the Southern side of Khasra No.1156 min and passage from Khasra Nos.1143/2/2 and 1355/2/2.