Punjab & Haryana High Court Remands Partition Matter for Fresh Decision After Noting Suppression of Relinquishment Deed

Case Name: M/s Logical Developers Private Limited and Another vs. State of Haryana and Others
Date of Judgment: 13 November 2025
Citation: CWP-12813-2017
Bench: Hon’ble Mr. Justice Jagmohan Bansal

Held: The Punjab and Haryana High Court remanded the matter to the Financial Commissioner, Haryana, holding that all revenue authorities failed to consider the fact that the respondents had executed a registered relinquishment deed prior to initiation of partition proceedings. The Court held that the validity of subsequent appeals, participation rights, and proceedings could not be examined without first determining the legal effect of the relinquishment. The Court further observed that since the general public had been impleaded, all objections needed a proper adjudication and the matter required reconsideration in the interest of justice.

Summary: The dispute arose from partition proceedings initiated in 2008 concerning land measuring 170 kanals and 11 marlas at Begumpur Khatola, Gurugram. The Assistant Collector conducted ex-parte proceedings and issued a Sanad Takseem. Appeals before the Collector and Commissioner failed, after which the Financial Commissioner set aside all prior orders and remanded the matter. The petitioners challenged that order on the ground that the private respondents had already relinquished their rights by a registered deed dated 12.05.2008, before the partition proceedings were filed, and therefore lacked locus standi to contest or appeal. It was argued that authorities proceeded solely on the basis of jamabandi entries from 2003-04 without being informed of the relinquishment. The respondents submitted that as long as jamabandi reflected co-ownership, they were entitled to participate in partition proceedings under Section 111 of the Haryana Land Revenue Act, 1887.

Decision: The writ petition was disposed of with directions. The Court held that the correct course was to remand the case to the Financial Commissioner to consider the relinquishment deed and decide afresh after hearing both sides. The Financial Commissioner was directed not to remand the matter further to lower authorities but may seek reports if necessary. The parties were directed to appear before the Financial Commissioner and all pending applications were disposed of.