Jai Bhagwan vs State Of Haryana And Others
2023 Latest Caselaw 3390 P&H

                                                   Neutral Citation No:=2023:PHHC:047851




CWP-5194-2023                           1            2023:PHHC:047851

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

CWP-5194-2023 Date of decision : 10.04.2023

Jai Bhagwan and others

... Petitioners

Versus

State of Haryana and others

... Respondents

CORAM: HON'BLE MR.JUSTICE VIKAS BAHL

Present: Mr.Shekhar Verma, Advocate for the petitioners.

Ms.Upasana Dhawan, AAG, Haryana for respondents no.1 to 3.

VIKAS BAHL, J.(ORAL)

This is a civil writ petition filed under Articles 226/227 of the

Constitution of India for issuance of a writ in the nature of certiorari for

quashing of Sanad Takseem dated 02.08.2019 (Annexure P-16) rendered by

the Assistant Collector Ist Grade-cum-Tehsildar, Rohtak, Haryana as well as

order dated 12.01.2022 (Annexure P-19) passed in appeal-cum-revision by

the Divisional Commission, Rohtak Division, Haryana.

Learned State Counsel appearing on behalf of respondent nos.1

to 3 has raised preliminary objections with respect to the maintainability of

the present civil writ petition and has submitted that since, the partition

proceedings were initiated in the year 2012 i.e., prior to the amendment

dated 10.04.2017 in Section 16 of the Punjab Land Revenue Act, 1887 (as

applicable to Haryana), thus, after issuance of Sanad Takseem, a revision

petition would still lie before the Financial Commissioner, Haryana. She

1 of 2

Neutral Citation No:=2023:PHHC:047851

CWP-5194-2023 2 2023:PHHC:047851

has referred to order dated 12.05.2017 passed by a Coordinate Bench of this

Court in CWP-10182-2017 titled as Smt. Rajesh and others Vs. State of

Haryana and others, judgment dated 21.11.2022 passed by a Coordinate

Bench of this Court in CWP-19481-2022 titled as Ramesh Vs. State of

Haryana and others as well as judgment passed by a Coordinate Bench of

this Court in Ram Gopal Vs. State of Haryana and others, reported as

2009(11) RCR (Civil) 336.

Learned counsel for the petitioners has submitted that in view

of the statement made by learned State counsel, he wishes to withdraw the

present petition with liberty to file a revision petition under Section 16 of

the Punjab Land Revenue Act, 1887 (as applicable to Haryana).

In view of the above, the present petition is dismissed as

withdrawn with liberty to the petitioners to file an appropriate petition

before the Financial Commissioner challenging the Sanad Takseem as well

as the other orders.

                                                    (VIKAS BAHL)
                                                       JUDGE
April 10, 2023
Davinder Kumar

                 Whether speaking / reasoned                             Yes/No
                 Whether reportable                                      Yes/No

Neutral Citation No:=2023:PHHC:047851

2 of 2