Civil Writ Petition No.20575 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20575 of 2009 Date of Order: 06.01.2010. Balbir Kaur and others ....Petitioners Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. N.S.Kandhola, Advocate for the petitioners. RAJIVE BHALLA, J (Oral). Prayer in this petition is for issuance of a writ in the nature of certiorari for quashing the orders passed by the Assistant Collector Ist Grade, Hoshiarpur dated 24.08.2005, the Sub Divisional Magistrate-cum-Collector, Hoshiarpur, dated 16.01.2006, the Commissioner, Jalandhar Division, Jalandhar, dated 15.01.2007 and the Financial Commissioner Appeals-II, Punjab, Chandiagrh, dated 15.07.2009, directing partition of agricultural land. Counsel for the petitioners submits that though the petitioners and the private respondents are co-sharers they are in settled possession of separate portions demarcated during a family settlement/agreement (Annexure P-1). The Collector, therefore, could not direct the tehsildar to disturb possession while ordering partition of the land and the Financial Commissioner had no jurisdiction to hold that as the land is situated in different revenue estates and different khewats, it could not be partitioned by way of a single application for partition. I have heard counsel for the petitioners and perused the Civil Writ Petition No.20575 of 2009 -2- impugned orders and express my inability to hold that the revenue authorities have committed any error. The petitioners and the private respondents filed separate applications for partition of their joint holding situated in different villages. The Assistant Collector, Ist Grade, Hoshiarpur, framed a mode of partition vide, order dated 24.08.2005. The private respondents filed an appeal challenging the correctness of this order. The Sub Divisional Magistrate-cum- Collector, Hoshiarpur, set aside this order and directed the tehsildar- cum-Assistant Collector, Ist Grade, Hoshiarpur, to frame a fresh mode of partition reflecting an equitable allotment of superior as well as inferior quality of land in each village. The petitioners filed an appeal before the Commissioner, Jalandhar Division, Jalandhar, which was dismissed on 15.01.2007. A revision filed by the petitioners, before the Financial Commissioner was disposed of by holding that as the land in dispute is situated in different revenue estates and bears different khewat numbers, the partition applications have to be dealt with separately and a fresh mode of partition has to be prepared with respect to each application. A perusal of the order passed by the Financial Commissioner does not disclose any error as would require interference. It is an established principle that land bearing different khewat numbers and situated in different revenue estates has to be partitioned separately by framing separate modes of partition. The Financial Commissioner, did not commit any error in setting aside the proceedings for partition and directing the Tehsildar to frame a fresh mode of partition with respect to each application for partition. The argument that parties are in settled possession pursuant to an Civil Writ Petition No.20575 of 2009 -3- agreement is to be urged before and considered by the Tehsildar at the time of framing the mode of partition. As the impugned orders do not suffer from any error of jurisdiction, the writ petition is dismissed. January 06, 2010 (RAJIVE BHALLA) nt JUDGE