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Judgment
PANKAJ JAIN, J. (ORAL)
CM-13751-CWP-2026
For the reasons recorded in the application, the same is allowed.
Document Annexure P-14 is taken on record.
CWP-2424-2026
1 The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of order dated 22.08.2023/12.09.2023 (Annexure P-10) passed by the Commissioner, Hisar Division, Camp at Jind, whereby the revision preferred by respondent No. 4 was allowed and the order dated 21.09.2021 (Annexure P-8) passed by the Collector/SDO (Civil), Jind was set aside, as well as the order dated 31.01.2020 (Annexure P-7) passed by the Assistant Collector IInd Grade, Jind, whereby the partition proceedings were finalized and the instrument of partition was issued during the pendency of the appeal against Naksha Kha (Bey).
2 Counsel for the petitioner refers to the order (Annexure P-10) dated 12.09.2023 passed by the Commissioner, Hisar Division, Camp at Jind, which has been upheld by the Financial Commissioner, Haryana, dismissing the revision petition in limine, to submit that a conjoint reading of both orders would reveal that the petitioner has been virtually left without any remedy.
3 Notice of motion.
4 Ms. Upasna Dhawan, Asst. A.G., Haryana appears and accepts notice on behalf of the official respondents-State.
5 Having considered the order passed by the Commissioner, whereby the revision was dismissed, the relevant observations are reproduced as under : -
“6.After hearing the arguments of both the parties and going through the file of subordinate courts, it was found that in the order dated 30-01-2020 of the file of the Court of Assistant Collector 2nd Grade, Jind in the partition case, it has been clarified that no stay order has been presented in his court. It is clear from this that his court was not aware of the stay order passed by the Collector Sub-Division, Jind. Therefore, the Instrument of Partition was issued by his court on 31-01-2020. After the issuance of the Instrument of Partition, the Collector Sub-Division, Jind did not have the authority to hear the appeal. Thus, after the issuance of the Instrument of Partition, the order dated 21-09-2021 passed by the Collector Sub-Division Jind has no significance.
7.Keeping in view the above-mentioned circumstances, the revision is accepted as there is strength in the revision of the petitioner and the order dated 21-09-2021 passed by the Collector Sub-Division, Jind is set aside. The record of the subordinate court should be sent back with a certified copy of the decision of this court for necessary action.”
6 In the considered opinion of this Court, the present petition can be disposed off by granting liberty to the petitioner to file a revision impugning the Sanad Taksim before the Divisional Commissioner.
7 In view thereof, the present writ petition is disposed off.
8 The Commissioner is directed to consider the revision, if any, filed by the petitioner in accordance with law, without being prejudiced by any observation made in the earlier order dated 22.08.2023 (Annexure P-10), or by the observations made by the Financial Commissioner or by this Court.