SARLA Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ in the nature of certiorari for quashing the impugned order dtd. 31/3/2022 (Annexure P-15) passed by respondent No.1 vide which the revision petition filed by the petitioner against the order dtd. 25/6/2014 (Annexure P-13) passed by respondent No.2 was dismissed. Challenge is also to the order dtd. 27/12/2013 (Annexure P-11) passed by respondent No.3 as well as to the order dtd. 30/5/2013 (Annexure P-9), order dtd. 13/6/2013 (Annexure P-10) and order dtd. 25/6/2014 (Annexure P-13).

(2.) Brief facts of the case are that an application for partition of land measuring 81 K - 16 M comprised in Khewat No.959, Khata No.1385, situated at village Muana Tehsil Safidon, District Jind as per jamabandi for the year 2005-2006 was filed by Mamu (respondent No.6), Ombir (respondent No.7), Rameshwar (respondent No.8) and Deepak Kumar (respondent No.9). A copy of the said application for partition has been annexed as Annexure P-1. The present petitioner was impleaded as respondent No.6 in the said application. In the said application, it was averred that it was necessary to partition the land after taking into consideration the passages etc. and also the nature/kind of land i.e., land abutting the road and the land situated away from the road and the same be partitioned equally between the parties and share of the applicants/respondents No.6 to 9 herein be separated by making one chunk. The present petitioner was initially proceeded against ex-parte, but on an application of the petitioner for setting aside the said exparte order, the same was set aside. After hearing the parties, the Assistant Collector IInd Grade, Safidon, vide order dtd. 16/5/2013 (Annexure P-7) passed the mode of partition. Objections were filed by the original applicants/respondents No.6 to 9 (herein) against the said mode of partition and after considering their objections and hearing the parties, vide order dtd. 30/5/2013, (Annexure P-9) a fresh mode of partition was prepared. (The correct copy of the said mode of partition dtd. 30/5/2013 (Anenxure P-9) has been placed on record by counsel for the petitioner by filing an application bearing CRM-6176-2023, as the original order dtd. 30/5/2013 (Annexure P-9) filed alongwith the writ petition was not correctly translated). Paragraph 5 of the said mode of partition (Annexure P-9) is reproduced herein below: -

(3.) Learned counsel for the petitioner has submitted that in the present case, land abutting the road has a front of 198 feet and the share of the petitioner is 17 kanals and 18 marlas and thus, the petitioner would get a share of approximately 43 feet on the said road and the same would not be sufficient for her to cultivate the land and has, thus, submitted that the land situated on the road should be allotted to the petitioner in its entirety. It is further submitted that the petitioner had purchased specific khasra numbers as per the sale deed and the said land should be allotted to her in the partition.