Neki Ram vs Financial Commissioner, Haryana and Others

Ranjit Singh, J.—Respondent No.2 filed an application for partition of a land bearing khewat/khatoni No.107/94 measuring 113 kanals 14 marlas, situated in village Jadola, Tehsil Dand, District Kaithal. Mode of partition was prepared, which was challenged by the petitioner. However, the Commissioner rejected his challenge and thereafter petitioner did not raise any challenge against the mode of partition. Thereafter, petitioner raised an objection against Naksha `Be''. The Financial Commissioner has rejected his challenge on the ground that this Naksha is as per the mode of partition, which has become final. It is also noticed that the petitioner under the garb of challenge to Naksha `Be'' in fact is raising challenge to the mode of partition. The Financial Commissioner has accordingly rejected the revision filed by the petitioner. Counsel for the petitioner submits that during the pendency of the proceedings, the final partition has been arrived at on the basis of which some co-sharers have decided to exchange their share. That, in my view, cannot be taken into consideration to interfere in the impugned order passed by the Financial Commissioner. This aspect was neither pleaded nor is made out from the record. Therefore, I am not inclined to interfere in the impugned order in exercise of writ jurisdiction.

The writ petition is dismissed.