- (1.) Being aggrieved against the partition of the land as ordered, the petitioners have filed Civil Writ Petition Nos.10727 of 2011 (Nazar Singh and another Vs. Commissioner, Faridkot Division, Faridkot and others), 10723 and 10833 of 2011 (Nazar Singh Vs. Commissioner, Faridkot Division, Faridkot and others) to impugn the order of partition and the subsequent order passed by the Commissioner rejecting the appeal filed by the petitioners. Common questions of facts and law are involved in these writ petitions and these are accordingly being disposed of through this common order.
(2.) As per the petitioners, their family was having a land in three adjoining taks in three different khewats, i.e., (1) 403 kanal 14 marla at village Sailbarah (2) 56 kanal 8 marla at village Gumti kalan (3) 12 kanal 8 marla at village Gumti Kalan. It is stated that village Gumti Kalan and Sailbarah are adjoining to each other and the three taks of land of the petitioners are adjoining to each of the other tak. On 17.5.1977, family partition was effected and Darshan Singh and Nazar Singh got 204 kanals and 10 marlas land, whereas Major Singh got 101 kanals and 18 marlas land and Bhajan Singh got 94 kanals 1 marla land. Darshan Singh and Nazar Singh, who are the petitioners, remained joint in their shares.
(3.) On 12.9.2008, Darshan Singh has filed three applications for partition of the land before the Assistant Collector Rampura Phool for partitioning the land measuring 204 kanals 14 marlas at village Sailbarah, 56 kanals 8 marlas at village Gumti Kalan and also another 12 kanals 8 marlas at village Gumti Kalan. Petitioner Nazar Singh filed a joint reply pleading that there are two motors in the name of the petitioner and he has also laid an underground pipeline for irrigating his land at village Gumti kalan. The petitioners also pleaded the family settlement, whereby some land had gone to the share of respondent Darshan Singh.;