MANJIT SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing of impugned orders dated 04.07.2014 (Annexure P-1), 29.12.2014 (Annexures P-2 and P-3), 30.01.2015 (Annexure P-5), 20.03.2015 (Annexure P-6) and 22.11.2017 (Annexure P15) passed by respondents No.3 and 1, respectively in a case of partition.

(2.) The prayer has also been made for issuance of direction to respondent No.3 to reconsider the case of the petitioner as the land, in dispute, is gair mumkin and does not fall under the purview of Punjab Land Revenue Act, 1887 and the Revenue Courts were having no jurisdiction to adjudicate upon the application of respondent No.4.

(3.) Briefly, the facts of the case, as made out in the present petition, are that respondent No.4 filed an application for partition of the land, in dispute, before the Assistant Collector, Ist Grade (Tehsildar), Mansa on 12.12.2013. The mode of partition was prepared on 04.07.2014. Thereafter, 'Naksha-A' was accepted on 29.12.2014 and 'Naksha-Bay' was also accepted on that very day. Ultimately, 'Sanad Takseem' was issued on 30.01.2015. The petitioner came to know about the partition proceedings on 14.05.2015 and thereafter, an application was moved before respondent No.3 for impleading him as a necessary party. Petitioner also moved an application before the Sub Divisional Magistrate, Mansa on 19.05.2015. The warrant of possession was issued in the name of 'Halqa Kanungo' for handing over the possession of land in dispute vide order dated 20.03.2015.