Civil Writ Petition No. 12011 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12011 of 2010 Date of Order: 12.07.2010 Mahabir son of Boga ....Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Vinod Gupta ,Advocate for the petitioner. RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders datred 31.10.2007. 06.02.2008, 27.02.2008 and 26.11.2008, passed by the Assistant Collector IInd Grade, Hisar, the Collector, Hissar, the Commissioner, Hissar Division, Hissar and the Financial Commissioner, Haryana, Chandigarh, respectively during partition proceedings. Counsel for the petitioner submits that by allotting land to all co-sharers in khasra no.19, the revenue officers have, in essence, sown the seeds for further disputes. As the petitioner has installed a tubewell and constructed a kotha in this land, Khasra No.19 should have been allotted to the petitioner. It is argued that the reasons assigned by the Financial Commissioner that khasra nos.12 and 19 are the only numbers that touch both the rasta and water course, are factually incorrect as other adjoining khasra numbers, also touch the rasta and the water course. Civil Writ Petition No. 12011 of 2010 -2- I have heard counsel for the petitioner and find no reason to hold that the impugned orders are in any manner arbitrary, illegal or void. As per the mode of partition all co-sharers were to be provided access to the rasta and the water course. The Assistant Collector IInd Grade, found as a matter of fact that khasra no. 19 is most suitable for providing a rasta and a water course to the co-sharers. The discretion exercised by the Assistant Collector IInd Grade upon due consideration of the nature of the land, and the rights of the parties, as affirmed by the Collector, the Commissioner and the Financial Commissioner, is neither illegal nor perverse and, therefore, does not call for interference. Dismissed. July 12, 2010 (RAJIVE BHALLA) nt JUDGE