Civil Writ Petition No. 16941 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16941 of 2010 Date of Order: 20.09.2010 Amin Chand ....Petitioner Versus Financial Commissioner (Appeals-II), Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.R.S.Chauhan ,Advocate for the petitioner RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 17.09.2003 and 27.01.2010, passed by the Commissioner (Appeals), Jalandhar Division, Jalandhar and the Financial Commissioner, Appeals-II, Punjab, Chandigarh, respectively. Counsel for the petitioner submits that as neither party objected to the clubbing of khewat nos.26, 27 and 28 for the purpose of partition, the Commissioner and the Financial Commissioner erred in directing the Assistant Collector Ist Grade to partition each khewat separately. It is further submitted that as co-sharers in khewat nos.27 and 28 are the same, a common mode of partition can be prepared for these two khewats. I have heard counsel for the petitioner and perused the impugned orders. A fundamental principle that governs partition of joint land is Civil Writ Petition No. 16941 of 2010 -2- that where different khewats are owned by different co-sharers a common mode of partition cannot be prepared. The Commissioner and the Financial Commissioner, therefore, rightly set aside the common mode of partition prepared for khewat nos.26, 27 and 28, which are owned by different sets of co-sharers. However, it appears that the co-sharers in khewat no.27 and 28 are the same. The Assistant Collector Ist Grade, may while preparing a fresh mode of partition, consider whether a common mode of partition can be prepared with respect to khewat no.27 and 28. Dismissed with the aforestated clarification. September 20, 2010 (RAJIVE BHALLA) nt JUDGE