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(2021) Law Today Live Doc. Id. 16496 = 2022(1) L.A.R. 73
Decided on: 04.10.2021
Present:
Mr. Alok Mittal, Advocate for the petitioners
Haryana Land Revenue Act, 1887 (XVII of 1887) , Section 13, 16, 111, 121 -- Partition proceedings -- Sanad Takseem – Remedy of -- Partition application was decided finally and sanad was issued -- Petitioner preferred an appeal against sanad which was dismissed by the Collector -- Revision also dismissed – Held, petitioners did not adopt the appropriate remedy -- Sanad can only be challenged by way of revision petition before the Commissioner or by way of writ petition before the High Court -- That having not been done, the authorities below were justified in rejecting the appeal and revision.
(Para 2-4)
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SUDHIR MITTAL, J. (ORAL) –
1. The petitioners have challenged order dated 22.03.2016 passed by the Assistant Collector 1st Grade, order dated 27.03.2017 passed by the Sub Divisional Officer (Civil)-cum-Collector and order dated 11.10.2018 passed by the Commissioner, Gurugram Division, Gurugram.
2. Partition application dated 31.05.2013 was decided finally and sanad was issued on 22.03.2016. The petitioner preferred an appeal against sanad which was dismissed by the Collector. As noted above revision has also been dismissed.
3. Learned counsel for the petitioners has vehemently argued that the sanad was liable to be set aside as proper opportunity was not granted to the petitioner to raise objections against naksha ba.
4. However, the argument can not be accepted because the petitioners did not adopt the appropriate remedy. Sanad can only be challenged by way of revision petition before the Commissioner or by way of writ petition before the High Court. That having not been done, the authorities below were justified in rejecting the appeal and revision.
5. Moreover, the writ petition is also hit by delay and latches as the order passed by Commissioner, Gurugram is dated 11.10.2018.
6. The writ petition has no merit and is dismissed.
Petition dismissed.
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