- (1.) The instant writ petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing of order dated 16.06.2009 (Annexure P/4), order dated 26.06.2009 (Annexure P/6), order dated 27.09.2009 (Annexure P/8) passed by the Assistant Collector 2nd Grade, Dadri, order dated 30.03.2010 (Annexure P/11) passed by the Collector, Charkhi Dadri and order dated 28.06.2011 (Annexure P/13) passed by the Financial Commissioner in the partition proceedings, whereby amended Naksha "Kh" and Naksha "Ga" have been approved and the sanad takseem has been prepared.
(2.) Brief facts of the case are that Attar Singh etc. filed an application for partition of land measuring 66 kanals 8 marlas on the basis of jamabandi for the year 1998-99. After completing the formalities, mode of partition was finalized with the consent of the parties. The petitioners raised objection to Naksha "Kh" that the same has not been prepared in accordance with the mode of partition and keeping in view the quality of land. The petitioners submitted that low quality of land has been given to them. It is also submitted that on the Dol (Wat) of Killa No. 113//23 and 24, the petitioners have installed a tubewell. The total area of Killa No. 113/22, 23 and 24 comes to be 21 kanals 6 marlas which is in possession of the petitioners has been wrongly allotted to the other co-sharers. Taking into consideration the objections, the Assistant Collector 2nd Grade invited amended Naksha "Kh"on 16.06.2009. The said Naksha "Kh" was accepted on 26.06.2009 after showing the same to the parties and after recording the statements of the parties. Thereafter, Naksha "Ga" was received on 27.07.2009 and it was also accepted and thereafter, it was ordered that Sanad Takseem be prepared. Aggrieved against those orders, the petitioners approached the Collector by filing an appeal which was dismissed on 30.03.2010 (Annexure P/11). Thereafter, the petitioners preferred revision petition before the Financial Commissioner. Vide order dated 28.06.2011, the Financial Commissioner dismissed the revision petition. The Financial Commissioner has recorded a finding that the objection with regard to allotment of land and change of possession is not sustainable. Entire possession cannot be allowed to be kept by the same person during the partition to some extent the shares are also disturbed. Hence, this writ petition.
(3.) I have heard learned counsel for the parties and perused the record.;