AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this writ petition is to the orders dated 17.06.2011 (Annexure P-1) passed by the Tehsildar-cum-Assistant Collector-Ist Grade, Ellenabad, whereby an application preferred by the petitioner for clubbing up of the land which was not included by the applicants (private respondent Nos.5 to 7 herein) in their partition application, has been dismissed on the ground that the owners of both the khewats are different and, therefore, the application of the respondents (petitioner herein) is dismissed, appeal against which preferred by the petitioner also stands dismissed vide order dated 30.09.2011 (Annexure P-2) by the Commissioner, Hisar Division (Camp Sirsa). Prayer has also been made for quashing of order dated 09.05.2013 (Annexure P-3) whereby the Sanad Takseem was issued by the Tehsildar-cum-Assistant Collector Ist Grade, Ellenabad; order dated 24.07.2013 (Annexure P-4) whereby application for stay of Sanad Takseem dated 09.05.2013 was declined by the Financial Commissioner, Haryana and order dated 27.11.2013 (Annexure P-7) passed by the Financial Commissioner, Haryana, whereby in the revision petition preferred by the petitioner has also been dismissed, wherein challenge was to the orders, Annexures P-1, P-2 and P-3. Challenge is also posed to the order dated 09.05.2013 (Annexure P-11) whereby the Sanad Takseem has been issued, accepting the Naksha Bey and Naksha jeem and all subsequent proceeding arising therefrom.

(2.) Briefly, the facts are that an application for partition of land in Khewat No.39 min, Khatauni No.47 min, Rectangle No.54, Killa No.20/2/1 (2-0), 21/2 (2-0), 22 (1-16) total measuring 5 kanals 16 marlas situated within the revenue estate of Village Keshupura, Tehsil Ellenabad, District Sirsa, was filed by respondent Nos.5 to 7, Makhan Singh, Harphool Singh and Satbir Singh in the year 2010. The petitioner moved an application for clubbing of the land of two other Khewats with the land involved in this partition application on the ground that the land was joint between the co- sharers and, therefore, all three khewats are to be taken together for the purposes of partition. This application preferred by the petitioner was dismissed by the Tehsildar-cum-Assistant Collector Ist Grade, Ellenabad vide order dated 17.06.2011 (Annexure P-1) on the ground that the co- sharers in both the khewats were different.

(3.) Petitioner filed an appeal before the Collector, which powers were conferred on the Sub Divisional Engineer (Civil), Ellenabad, who vide order dated 19.08.2011, proceeded to dismiss the same, finding no merit therein. Petitioner thereafter filed a revision petition before the Commissioner, Hisar Division, challenging the orders dated 17.06.2011 and 19.08.2011, which was dismissed vide order dated 30.09.2011 (Annexure P-2). Petitioner thereafter filed a revision petition before the Financial Commissioner, Haryana, alongwith an application for stay. The application for stay was dismissed by the Financial Commissioner vide order dated 24.07.2013 (Annexure P-4). This order passed by the Financial Commissioner was challenged by the petitioner by filing Civil Writ Petition No.16847 of 2013 titled as Amrik Singh Vs. State of Haryana and others, which was disposed of by this Court on 05.08.2013 (Annexure P-6) by observing that the order dated 09.05.2013 of the Assistant Collector Ist Grade shall remain stayed during the pendency of the revision petition and the said revision petition be decided expeditiously preferably within a period of two months. In pursuance of the said order, Financial Commissioner proceeded to decide the revision petition vide order dated 27.11.2013 (Annexure P-7), dismissing the said revision petition, upholding the orders passed by the Courts below, including the order of Sanad Takseem. Petitioner thereafter proceeded to approach this Court for the relief which has been denied to him of clubbing up of the different khewats for which the application filed by him has been rejected by the Assistant Collector Ist Grade, Ellenabad, which order has been upheld upto the Financial Commissioner.