DHARMA Vs. SULTAN

JUDGEMENT

(1.) Petitioner is aggrieved with the order dated 26.05.2006 passed by the Assistant Collector 1st Grade, Matanhail, the order dated 28.02.2008 passed by the Collector, Jhajjar, and the order dated 09.05.2008 passed by the Commissioner, Rohtak wherein all have rejected his claims that the Naksha Be has been drawn up in violation of the Mode of Partition. The officers have held that the said Naksha Be has been drawn up as per the compromise among the parties. Petitioner refutes this saying that the alleged compromise is against the Mode of Partition and that their thumb impressions and signatures were taken on a blank sheet. The petitioner claims to have been deprived of the field numbers granted him by Collector's order of 04.08.2004 and he further claims that the tube well and father's samadhi should have been allotted to him as per the Mode of Partition.

(2.) THE brief background of this matter is that the respondents No. 1 and 2 filed an application before the Assistant Collector 1st Grade Matanhail for partition of the joint agricultural land measuring 440 Kanal and 19 marla situated in the revenue estate of Village Koyalpuri, Tehsil Matanhail, District Jhajjar.

(3.) RESPONDENTS 3 to 6, and 18 filed objections to the Naksha Be which were decided and allowed by the Assistant Collector vide his order dated 06.09.2002. Respondent Nos. 1 and 2 filed an appeal against this order of 6.9.2002 before the District Revenue Officer with appellate powers of Collector which was allowed vide order dated 04.08.2004 and the case was remanded back to the Assistant Collector for a fresh decision with the direction that the area falling in rectangle no. 28, killa Nos. 5/2, 6, 7/1; and 10/2 be allocated to the share of Sultan and Ram Kumar, the appellants before him and that the remaining area be partitioned after making site inspection in the presence of the parties.