RAGHU NATH Vs. COMMISSIONER,ROHTAK DIVISION

JUDGEMENT

(1.) The petitioners have challenged the orders dated 8.10.2009 (Annexure P-5) passed by the Commissioner, Rohtak Division, upholding the order dated 10.4.2006 (Annexure P-3) passed by the Collector Sonepat and the order dated 2.12.2003 (Annexure P-1) passed by the Assistant Collector 1st Grade, Ganaur, alleging that impugned orders have been passed in glaring violation of the mode of partition dated 7.7.2003 (Annexure P-7). The brief facts of the case are that the petitioners, vide their application dated 7.8.1996, sought partition of land measuring 161 kanals 10 marlas, amongst its co-sharers. After hearing both the parties, mode of partition was proposed vide order dated 8.11.2001 (Annexure P-6), inviting objections from the parties. Objections were heard and finally, the mode of partition was amended vide order dated 7.7.2003 (Annexure P-7). Pursuant to the amended mode of partition dated 7,7.2003, Assistant Collector 1st Grade, sought naksha kha. The petitioners filed their objections dated 19.9.2003 (Annexure P-8) to the naksha kha. However, Assistant Collector 1st Grade, Ganaur, vide his order dated 2.12.2003 (Annexure P-1), accepted the naksha Kha by rejecting the objections raised by the petitioners. Dissatisfied, petitioners filed their appeal vide Annexure P-2, which came to be dismissed by the Collector, Ganaur, vide order dated 10.4.2006 (Annexure P-3). This order was challenged by the petitioners by way of revision petition before the Commissioner-respondent No. 1. Revision of the petitioners also met the same fate and it was dismissed, vide impugned order dated 8.10.2009 (Annexure P-5).

(2.) Feeling aggrieved against the above said impugned orders, the petitioners have approached this Court by way of instant petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned orders.

(3.) Notice of motion was issued, vide order dated 10.12.2009, and in the meantime, status quo with regard to the existing position was ordered to be maintained.