CWP No.5640 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5640 of 2007 Date of decision:08.07.2010 Resham Singh and another ...... Petitioners VERSUS State of Punjab through its Financial Commissioner, Appeals, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Onkar Singh, Advocate for the petitioners. Mr.C.S.Brar, DAG, Punjab for respondent no.1. Mr.S.S.Joshi, Advocate for respondents no.2 and 3. ***** RAJIVE BHALLA.J (Oral) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 21.02.2002 and 21.02.2007, passed by the Assistant Collector, Ist Grade, Hoshiarpur, and the Financial Commissioner, Appeal-II, Punjab. Counsel for the petitioners submits that as per Clauses 5 and 8 of the mode of partition all co-shareres have to be allotted land from Rectangles no.4 and 5 which abut the Hoshiarpur-Tanda main road in accordance with their share holdings It is argued that as this land has been allotted to respondents no.2 and 3, alone, the final order of partition, passed by the Assistant Collector, Ist Grade, was rightly set aside by the Collector. The Financial Commissioner, has however, accepted the revision filed by the private respondents and affirmed the final order of partition, passed by the Assistant Collector, Ist Grade, by ignoring this flaw. Counsel for the respondents no.2 and 3 submits that as the CWP No.5640 of 2007 -2- petitioners challenged the mode of partition together with the final order of partition, the Financial Commissioner, rightly set aside the order passed by the Collector. It is further submitted that though the petitioners have not been allotted land on the Hoshiarpur-Tanda road, they have been duly compensated by allotting additional land at other places. I have heard counsel for the parties and perused the impugned orders. A fundamental principle that governs partition of agricultural land is an equitable distribution of land in accordance with its location, quality and value. As a general rule, land abutting a main road, is more valuable and should, in the absence of any other circumstance, be allotted to all co- shareres as per their share holding. A perusal of the record, leaves no manner of doubt that Clauses 5 and 8 of the mode of partition provides for equal distribution of land abutting the road amongst co-shareres but rectangles no.4 and 5, which rebut the Hoshiarpur-Tanda road, have been allotted exclusively to Gurmeet Singh and Tarsem Singh, respondents no.2 and 3. The final order of partition is therefore, contrary to the mode of partition and therefore, a nullity. The fact that the final order of partition has been passed, would not bar this Court, from ensuring that land is partitioned equally amongst co-shareres, in accordance with the mode of partition. In view of what has been stated hereinabove, the writ petition is allowed,the orders dated 21.02.2002 and 21.02.2007, passed by the Assistant Collector, Ist Grade, Hoshiarpur, and the Financial Commissioner, Appeal-II, Punjab, are set aside and the Assistant Collector, Ist Grade, Hoshiarpur, is directed to proceed afresh after ensuring that land is allotted to co-shareres in accordance with their shareholding out of rectangles no.4 CWP No.5640 of 2007 -3- and 5. Parties are directed to appear before the Assistant Collector, Ist Grade, Hoshiarpur, on 01.09.2010 This order however, shall not bar the respondents from raising a plea on the basis of alienations made by the petitioners. 08.07.2010 [RAJIVE BHALLA] shamsher JUDGE