Punjab-Haryana High Court
Nirmal Singh vs State Of Punjab And Ors on 17 January, 2017
Author: Amit Rawal
Bench: Amit Rawal
CWP No.24551 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.24551 of 2013 (O&M)
Date of decision : 17.01.2017
Nirmal Singh
...Petitioner
Versus
State of Punjab and others
..Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL.
Present: Mr. Deepak Gupta, Advocate for the petitioner.
Mr. Yatinder Sharma, Addl. A.G. Punjab.
Mr. Inderjit Sharma, Advocate for respondent No.6.
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AMIT RAWAL, J. (Oral)
The petitioner-Nirmal Singh is aggrieved of the impugned orders dated 22.06.2009 (Annexure P-13), dated 06.11.2009 (Annexure P-
14), dated 03.03.2010 (Annexure P-15), dated 09.05.2012 (Annexure P-16), dated 21.05.2013 (Annexure P-17) to contend that in application moved by Manjinder Singh-respondent No.6 who is represented by Mr. Inderjit Sharma, Advocate, partition of 322 kanals and 17 marlas was sought. The Assistant Collector, Grade-I, Tehsildar, Bathinda-respondent No.5 vide order dated 10.10.2006 accepted the mode of partition.
Both the parties were not aggrieved of the mode of partition but while conducting khatauni pamaish (Annexure P-13), more area of land, of inferior quality, has fallen to the share of the petitioner than that of 1 of 5 ::: Downloaded on - 08-07-2017 08:57:29 ::: CWP No.24551 of 2013 (O&M) -2- Manjinder Singh and this fact is evident from the report dated 16.11.2007 of Kanungo Halqa Sangat, whereby it has been mentioned that khasra Nos.112-113-110-120-121-122 are Sandy i.e. of inferior quality. No doubt there is a tubewell bore of petitioner on khasra No.113/1 which is measuring 50 x 50 feet which has fallen to the share of the petitioner owing to possession but on going through the calculations of aforementioned khasra numbers which are of inferior quality as indicated in Annexure P-13, the details of which are given herein below, petitioner is seriously prejudiced on account of such loss:-
"FORM OF KHATONI MEASUREMENT Partition case file - Manjinder Singh versus Nirmal Singh Village Gurusar Sainewala, Tehsil and District Bathinda File No.:25/A1 Date of filing: 1.12.05 Area 322-17 Present Khatoni Number : 1 Name of Owner:- Manjinder Singh son of Sewa Previous Jamabandi Khewat Singh son of Bishan Singh Number :- 246 Number of Mutation Register:-
Previous Present Khasra Area with type Mamla (tax) Special remarks Khasra Number Number of land 123 123/1 7-14 Nehri 124 124/1 8-18 Nehri 125 125/1 11-15 Nehri 118 118/1 6-1 Nehri 114/1 114/1/2 1-19 Nehri 115/1 115/1/2 0-16 Nehri 119 119/2 4-14 Nehri 120 120/2 9-3 Nehri 121 121/2 6-13 Nehri 119/1 119/1/2 3-8 Nehri 120/1 120/1/2 6-12 Nehri 121/1 121/1/2 5-11 Nehri 122/1 122/1/2 4-4 Nehri 2 of 5 ::: Downloaded on - 08-07-2017 08:57:30 ::: CWP No.24551 of 2013 (O&M) -3- Present Khatoni Number : 1 Name of Owner:- Manjinder Singh son of Sewa Previous Jamabandi Khewat Singh son of Bishan Singh Number :- 246 122 122/2 5-3 Nehri Kitte 12 Kitte 2 82-10 Nehri Sd/- Halqa Kanungo Halqa Sangat FORM OF KHATONI MEASUREMENT Partition case - Manjinder Singh versus Nirmal Singh Village Gurusar Sainewala, Tehsil and District Bathinda Case Number: 25/124 Date of filing: 1.12.05 Area 322-17 Present Khatoni Number : 2 Name of owner:- Nirmal Singh son of Sewa Singh son of Nirmal Singh 7/11 share, Inderjit Kaur, Mohinder Kaur, Rajinder Kaur, Sukhdev Kaur, successors of Sewa Singh son of Bishan Singh equal shares 4/11 share Previous Jamabandi Khewat Name of the Cultivator:- Self Cultivator Number:- 246 Name of Mutation Register:-
Previous Present Khasra Area with type Mamla (tax) Special remarks Khasra Number Number of land 112 112/1 6-9 Nehri 113 113/1 15-5 Nehri 119/1 119/1/1 7-0 Nehri 120/1 120/1/1 13-12 Nehri 121/1 121/1/1 10-0 Nehri 122/1 122/1/1 7-1 Nehri 112 112/1/1 2-18 Nehri 113 113/2 6-19 Nehri 114/1 114/1/1 6-19 Nehri 115/1 115/1/1 2-19 Nehri Kitte 10 Kitte 10 79-2 Nehri Sd/- Daroga Singh Kanungo Sangat"
On perusal of chart, it is submitted that petitioner is getting 3 of 5 ::: Downloaded on - 08-07-2017 08:57:30 ::: CWP No.24551 of 2013 (O&M) -4- more inferior area i.e. 41 kanals whereas Manjinder Singh has got 28 kanals 2 marlas. In my view, grievance of the petitioner is justified. Naksha and Khatauni Pamaish have not been prepared by taking into consideration the mode of partition.
Mr. Inderjit Sharma, learned counsel appearing on behalf of respondent No.6 submits that Commissioner and FC noticed that since petitioner is in possession of khasra No.113 measuring 15 kanals 16 marlas, though is of inferior quality, has to go to him on the basis of the possession but the Collector in paragraph No.4 of order dated 03.03.2010 noticed that khasra Nos.119, 120, 121, 122, which are also of inferior quality (Sandy) has been given to Manjinder Singh.
I have heard learned counsel for the parties and appraised the paper book.
I have gone through the impugned orders and as well as khatauni pamaish extracted above. No doubt, the Collector has mentioned about the factum of having given khasra Nos.119, 120, 121, 122 of inferior quality to Manjinder Singh but area has not been taken into consideration. More area of inferior quality has fallen to the share of the petitioner and lesser to Manjinder Singh, thus, khatauni pamaish, in my view, is not correct and all the orders passed thereon are also outcome of the illegality and perversity. Authorities below were enjoined to look into the area, also, as per mode of partition instead of pondering only on area.
Resultantly, impugned orders aforementioned are set aside including khatauni pamaish.
The Assistant Collector is directed to prepare khatauni pamaish 4 of 5 ::: Downloaded on - 08-07-2017 08:57:30 ::: CWP No.24551 of 2013 (O&M) -5- strictly in accordance with order (Annexure P-3) dated 10.10.2006, whereby mode of partition was suggested, as expeditiously as possible preferably within a period of three months from the date of receipt of certified copy of this order.
Writ petition stands allowed in aforementioned terms.
17.01.2017 (AMIT RAWAL)
pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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