DIWAN BAJINDER KUMAR Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-1-528
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 19,2012

DIWAN BAJINDER KUMAR Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The instant writ petition has been filed by the petitioner for quashing the order dated 07.11.2006 (Annexure P-1) passed by the Assistant Collector, Thanesar; order dated 14.03.2007 (Annexure P-2) passed by the Collector, Thanesar; order dated 13.2.2008 (Annexure P-3) passed by the Commissioner, Ambala Division, Ambala and order dated 23.3.2010 (Annexure P-4) passed by the Financial Commissioner, Haryana whereby the partition has been allowed to continue. All the authorities have come to a conclusion that no question of title is involved. The question of title has been raised at the stage when the mode of partition is being prepared and the objections had been invited.
(2.) Brief facts of the case are that Diwan Gajendra Kumar Respondent No. 5, had filed an application for partition of land measuring 523 kanal 04 marlas situated in the revenue estate of village Salempur, Tehsil Thanesar, District Kurukshetra. After summoning the parties and hearing the objections of the parties, the partition has been allowed to continue. It is important to note here that application for partition has been filed on 29.12.2001, as is clear from the reading of vernacular of Annexure P-13 to which the petitioner filed written statement on 24.09.2002 (Annexure P-11). Application for raising the question of title has been filed after Naksha Alaf was called and proposed mode of partition has been prepared. At this stage, application has been filed raising question of title.
(3.) Application has been rejected by the Assistant Collector, 1 st Grade,;


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