Civil Writ Petition No.9839 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9839 of 2010 Date of Decision:08.08.2011 Sampuran Singh and others ....Petitioners Versus Financial Commissioner and others ....Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT 1. Whether reporters of local news papers may be allowed to see judgment ? 2. To be referred to reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** Present: Mr.Amarjit Markan, Advocate for the petitioners. Ms. Sudeepti Sharma, DAG Punjab. Mr. Sarjit Singh, Sr. Advocate with Mr. Jagdev Singh, Advocate for respondent No.5. * * * SURYA KANT, J (ORAL) The petitioners purchased land measuring 139 Kanals, 12 marlas by way of registered sale deeds dated 07.06.1972, 6.6.1973, 5.11.1973, 31.12.1973, 14.1.1974, 21.6.1974, 27.6.1974, 13.08.1974, 9.9.1974, 31.1.1975, 15.6.1977, 15.6.1977, 15.6.1977 and 18.4.1966 (Annexures P19 to P32, respectively) from Kartar Kaur and Gurdial Kaur. In the partition proceedings initiated by Sarup Singh brother of Kartar Kaur and Gurdial Kaur, the joint holding has been partitioned and share of Sarup Singh has been separated. However, the petitioners-vendees have been allotted land measuring 109 Kanals, 4 Marlas as against the land measuring 139 Kanal, 12 Marlas purchased by them. Civil Writ Petition No.9839 of 2010 2 The impugned orders are silent on the issue as to whether or not the land sold by Gurdial Kaur and Kartar Kaur was in excess to their respective share in the joint holding. Apparently, the petitioners-vendees would be entitled to allotment of the land equivalent to what they had purchased from the vendors unless a part of the joint holding has been utilized by the authorities for the common purpose(s) like passage etc. However, I do not find any other illegality in the 'mode of partition' or the manner in which the joint holding has been partitioned. The writ petition is accordingly allowed in part; the impugned orders are modified to the extent noticed above and the matter is remanded to the Assistant Collector, Ist Grade, Munak to pass a supplementary order, after hearing the parties concerned as to why the petitioners have not been allotted land equivalent to what they purchased from the venders i.e. Kartar Kaur and Gurdial Kaur. If the Assistant Collector, Ist Grade, Munak arrives at the conclusion that the petitioners have been rightly allotted land to the extent of the share of Kartar Kaur and Gurdial Kaur in the joint holding, liberty is granted to the petitioners to avail their remedy against the vendors in accordance with law. Parties are directed to appear in person on 1.9.2011 before the Assistant Collector, Ist Grade Munak. Dasti. 08.08.2011 (SURYA KANT) savita JUDGE Civil Writ Petition No.9839 of 2010 3