CWP No.4866 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4866 of 2006 Date of decision:30.07.2010 Balak Ram ...... Petitioner VERSUS Financial Commissioner, Appeals-II, Punjab, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Dinesh Nagar, Advocate for the petitioner. Mr.C.S.Brar, DAG, Punjab for respondents no.1 to 4. Mr.Manohar Dadwal, Advocate for respondent no.5. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order 20.09.2005, passed by the Financial Commissioner, Appeals-II, Punjab, Chandigarh. Counsel for the petitioner submits that as the amended mode of partition, is contrary to the statement made by the petitioner, the original mode of partition, should have formed the basis for partition of the land. It is argued that as the original mode of partition was upheld by the Collector and the Commissioner, it should not have been set aside by the Financial Commissioner. Counsel for the private respondent, on the other hand, submits that the amended mode of partition was framed in accordance with the statement made by the petitioner. The writ petition is an attempt to unnecessarily delay the conclusion of partition proceedings. It is further CWP No.4866 of 2006 -2- argued that the petitioner has failed to show any prejudice, much less the infraction of any right, as would entitle him to urge that the amended mode of partition is incorrect or illegal. I have heard counsel for the parties and perused the impugned order. During the pendency of the partition proceedings, the petitioner made the following statement: - “It is stated that the land under partition is measuring 12 K- 09 marla. Out of this land no land be kept for without partition. Partition be made without disturbing the possession. My another land is adjoining the western side of this land therefore, my kura be prepared adjoining that land.” In response, respondent no.5's counsel made the following statement: - “It is stated that the partition be made without disturbing the possession. The value of the trees be assessed. My kura be prepared adjoining the other land owned by me and as per the necessity the rasta be kept for kura.” The Assistant Collector, Ist Grade, framed a mode of partition on 30.03.1999 that was at variance with these statements. As a consequence, the mode of partition was amended. The amended mode of partition dated 15.02.2000, reads as follows: - “Case was called. Counsel for application Shri M.L.Talwara came present. Junior counsel of counsel for respondent is present. Objections and replies filed by both the parties were considered. Arguments of both counsel were heard. There is no need to inspect the spot. Therefore, objections are disposed of and the amended mode of partition as written is CWP No.4866 of 2006 -3- passed. 1. Total land to be partitioned 12 Kanals 9 Marlas comprised in Khewat No.127 Khatauni No.458 Khasra No.51 situated in village Bela Sariana, H.B. No.386, Tehsil Mukerian, as per Jamabandi for the year 1993-94. 2. The Kurra of applicant will be made on the eastern side adjoining to his other land owned by him. Kurra of the respondent will be made on the western side. 3. Value of the trees will be assessed. 4. As per requirement Rasta of 2 Karams will be formed out of joint land. Girdawar Halqua be directed to prepare documents of partition and Naksha 'A' as per above details. File be put up on 2.3.2000.” Clause 2 of the amended mode of partition provides, that land will be allotted to respondent no.5 on the eastern side whereas the petitioner will be allotted land on the western side. It belies comprehension as to what possible grievance, the petitioner could have against the amended mode of partition as it was framed in accordance with his statement. It appears that the petitioner's endeavour is to delay partition proceedings. In view of what has been stated hereinabove, the writ petition is dismissed with no order as to costs. 30.07.2010 [RAJIVE BHALLA] shamsher JUDGE