Civil Writ Petition No. 20065 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 20065 of 2008 Date of Order: 12.03.2010. Kundan Singh and others ....Petitioners Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. J.S.Thind ,Advocate for the petitioners. Mr. S.S.Sahu, AAG, Punjab for respondents No.1 to 5 Mr. M.S.Khaira, Senior Advocate with Mr. Dharminder Singh Randhawa, Advocate for respondents no.6 to 8. RAJIVE BHALLA, J (Oral). The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 16.08.2001, 14.11.2006 and 12.08.2008, passed by the Collector,Sub Division, Ajnala, the Commissioner, Jalandhar Division, Jalandhar and the Financial Commissioner Revenue, Punjab, Chandigarh. Counsel for the petitioners submits that as private respondents did not file any objection to the mode of partition they had no right to file an appeal. Even otherwise the observation by the Collector that the Assistant Collector Ist Grade, Ajnala, cannot disturb possession is contrary to the fundamental principles of partition, particularly where the land comprises of different qualities. Counsel for the private respondents, on the other hand, Civil Writ Petition No. 20065 of 2008 -2- submits that the observations by the Collector are not binding upon the Assistant Collector-Ist Grade who was required to decide the case on merits after taking into consideration objections raised by both sets of parties. I have heard counsel for the parties and perused the impugned orders. The Collector had no jurisdiction to direct the Assistant Collector Ist Grade to maintain possession. A fundamental principle that governs partition of agricultural land is that where the joint holding consists of different varieties of land, the Assistant Collector would be well within his power to disturb possession in order to ensure an equitable distribution of land. The observation by the Collector that the Assistant Collector should not disturb possession is fundamentally flawed and is, therefore, set aside. In view of what has been stated hereinabove,the present petition is disposed of with a direction to the Assistant Collector Ist Grade, Ajnala, to decide the mode of partition after considering the nature of the land, the rights of the parties and the plea of the private respondents with respect to an oral partition. Parties are directed to appear before the Assistant Collector Ist Grade, Ajnala, on 19.04.2010. March 12, 2010 (RAJIVE BHALLA) nt JUDGE