Vidya vs Commissioner Jalandhar Division And ...
2024 Latest Caselaw 19005 P&H

Punjab-Haryana High Court

Vidya vs Commissioner Jalandhar Division And ... on 28 October, 2024

               CM-17633-CWP-2024 in/and
               CWP-4714-2017 (O&M)                                                             -1-

               103+204

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                                ****
                                                                         CM-17633-CWP-2024 in/and
                                                                         CWP-4714-2017 (O&M)
                                                                         Date of Decision: 28.10.2024

               Vidya
                                                                                          ....Petitioner

                                                               Versus


               The Commissioner, Jalandhar and others
                                                                                        ....Respondents

               CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

               Present :                 Ms. Navjot Kaur, Advocate for
                                         Mr. A.S. Khinda, Advocate
                                         for the petitioner.

                                         Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab.

                                         Ms. Amandeep Soni, Advocate
                                         for respondents No.4, 5, 10 and 15.

                                                     ***

               HARSH BUNGER, J. (Oral)

This petition has been filed under Articles 226/227 of the

Constitution of India inter alia seeking a writ in the nature of Certiorari for

quashing the orders dated 30.10.2014 and 30.08.2016 (Annexures P-2 and

P-4 respectively).

2. At the outset, learned counsel appearing on behalf of the

petitioner submits that she has no instructions in this matter and despite her

best efforts, she has not been able to contact the petitioner.

3. On the other hand, learned counsel appearing for respondents

HIMANI GUPTA No.4, 5, 10 and 15 submits that the present Writ Petition has been filed by

authenticity of this document/judgment

CM-17633-CWP-2024 in/and CWP-4714-2017 (O&M) -2-

the petitioner challenging an order dated 30.10.2014 (Annexure P-2), passed

by Assistant Collector, 1st Grade, Kapurthala, whereby the mode of partition

was sanctioned and also the subsequent order dated 30.08.2016 (Anenxure

P-4), was passed by the learned Commissioner (Appeals), Jalandhar

Division, Jalandhar, whereby the revision petition filed by the petitioner

against the order dated 30.10.2014 (Annexure P-2) was dismissed as not

maintainable. It is further submitted that the only grievance of the petitioner

was that as per the Mode of Partition, the land under partition consisted of

Abadi area as well, whereas as per para 8 of the Writ Petition, the said area is

being claimed by the petitioner on the ground that she had raised

constructions on the said area by spending her entire savings.

3.1 Learned counsel for respondents no. 4, 5, 10 and 15 points out

the Clause No. 2 of the Mode of Partition, which records the area of the

Abadi Motor shall be given to the owner/co-sharers who owns the said

Abadi and in fact the area claimed by the petitioner has been allotted to her

only and probably for that reason, the petitioner is not forthcoming.

4. Keeping in view the above, the present petition is dismissed for

non-prosecution, however, the petitioner would be at liberty to seek revival

of the Writ Petition, in case, any of her grievance still subsists.

5. All pending application(s), if any, shall stand closed.

               28.10.2024                                                       (HARSH BUNGER)
               Himani                                                               JUDGE
               Whether speaking/reasoned:                   Yes/No
               Whether reportable:                          Yes/No





authenticity of this document/judgment