JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of certiorari, for setting aside the order dtd. 4/9/2024 (Annexure P-11); vide which, the Deputy Commissioner, Rohtak has directed the petitioner to file a case in a Competent Court for cancellation of Mutation no.9276 (Annexure P-4), which is stated to be entered/sanctioned on 21/7/2003, in view of the instrument of partition dtd. 10/12/2002 (Annexure P-2) issued by the learned Assistant Collector Ist Grade, Sampla.

(2.) Briefly, respondent Nos.6 to 8 filed an application seeking partition of joint land measuring 214 kanals-18 marlas, situate at Village Hasangarh, Tehsil Sampla, District Rohtak, wherein the petitioner was also one of the co-sharers. It appears that the afore-said partition proceedings culminated into the drawing of an instrument of partition dtd. 10/12/2002. It transpires that the Sanad Takseem came to be challenged by respondent No.9 (Smt. Savita d/o Sh. Manohar Lal), by way of filing an appeal before the learned Collector, Rohtak, who vide his order dtd. 24/12/2003 (Annexure P-6) set aside the partition proceedings/Sanad Takseem dtd. 10/12/2002 and remanded the case back to the learned Assistant Collector, for carrying out the partition proceedings afresh.

(3.) Heard.