AMAR KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in the present writ petition is for the issuance of a writ in the nature of certiorari for quashing the order, dated 16.12.2003 (Annexure P-7), whereby respondent No. 2 prepared Sanad Partition.

(2.) RESPONDENTS No. 3 and 4 filed an application, before the Assistant Collector Ist Grade (Tehsildar), Kharar, District Ropar, for partition of land, jointly held by them, with the petitioners. The Assistant Collector Ist Grade called upon the Kanungo Halqa to prepare a Naksha-B and the same was produced by Kanungo Halqa on 11.9.2001. The petitioners filed objections. Thereafter, the Assistant Collector Ist Grade rejected Naksha-B and directed the preparation of a fresh Naksha-B. Accordingly, a fresh Naksha-B was prepared and the petitioners again filed objections. Vide order, dated 10.6.2003 (Annexure P-5), respondent No. 2 directed the Kanungo Halqa to submit a report with respect to the objections raised by the petitioners. In compliance with the above order, a report was filed, detailing therein the total gair mumkin land, peerkhana, gair mumkin house, shop, engine, gair mumkin deh, trees, gohara, Taur etc.

(3.) COUNSEL for the petitioners contends that the revenue authorities committed an error of jurisdiction in proceeding to partition houses. Peerkhana and shops. Their jurisdiction, under the Punjab Land Revenue Act, 1887 is confined to partition of agricultural land. It is contended that the final document of partition has been prepared, in the absence of the petitioners, as they were not present, before the Assistant Collector on the date the Sanad Takseem was prepared. As the impugned order is without jurisdiction the present petition be accepted.