Jasvir Singh and another vs State of Punjab and others

Paramjeet Singh, J.—The instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing of order dated 02.02.2010 (Annexure P-1) vide which the application filed by petitioners for amendment of the Sanad Takseem according to the mode of partition has been dismissed and order dated 17.08.2010 (Annexure P-3) passed by Financial Commissioner, Punjab whereby the revision filed by the petitioners has been dismissed.

The only grievance of the petitioners is against the preparation of Sanad Takseem which is stated to be not prepared in accordance with mode of partition. Even that has not been annexed. Neither Naksha ''Bay'' has been placed on record nor any objections thereto or Naksha Erri are on record. The petitioners have not placed on record any document to show existence of the houses of the petitioners.

On the other hand, learned counsel for the State as well as private respondents state that no hindrance is being caused in any manner to the petitioners as the part of the land allotted to the petitioners touches on the main road. Learned counsel for private respondents further states that petitioners have raised boundary wall subsequent to partition with a purpose to create hindrance in implementation of the partition and actual delivery of the possession of the property. Learned counsel for the private respondents further states that houses of the petitioner are not being affected.

In view of above and the fact recorded in Annexure P-1 that the houses of the petitioners are not being affected, the present writ petition is dismissed. However, it is made clear that if any part of the house excluding the boundary wall is to be demolished that should be protected. If respondent-authority finds that any boundary wall has been erected by the petitioners; is causing hindrance in effecting partition, they are at liberty to demolish that part.