HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7608 of 2010 (O&M) Date of Decision: 26.07.2011 **** Ravinder Shukla & Ors. . . . . Petitioners VS. Financial Commissioner, Revenue Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Anil Shukla, Advocate for the petitioners Mr. BS Chahal, DAG Punjab Mr. Sherry K Singla, Advocate for respondents No.10 to 12 ***** SURYA KANT, J. (ORAL) (1). The petitioners are aggrieved by the orders dated 20.06.2007, 31.10.2007, 16.07.2008, 18.02.2009 & 08.12.2009 (Annexures P5, P6, P7, P9 & P11, respectively) passed by the Revenue authorities in the partition proceedings initiated at the instance of the contesting private respondents. (2). One of the contention raised on behalf of the petitioners is that the agreement arrived at between the parties in the presence of Assistant Collector Gr-I which was recorded in writing on 16.6.2004 (Annexure P1) has been overlooked while preparing the ‘Mode of Partition’. CWP No.7608 of 2010.doc - 2 – (3). Learned counsel for the private respondents is right in contending that the petitioners themselves never acknowledged the alleged agreement dated 16.6.2004 and rather challenged the same in appeal on the plea that no partition could take place without the ‘Mode of Partition’. Their appeal was accepted and the matter was remanded to the Assistant Collector Gr-I to finalise the ‘Mode of Partition’. However, the petitioners have turned around and have now challenged the said ‘Mode of Partition’. (4). Having heard learned counsel for the parties and for the reasons stated above, I do not find any ground to interfere with the impugned orders. The petitioners have got an effective remedy to challenge the final instrument of partition before an appropriate forum. (5). With liberty afore-mentioned, the writ petition is dismissed. (6). Dasti . 26.07.2011 vishal shonkar (S u r y a K a n t) Judge CWP No.7608 of 2010.doc - 3 –