Punjab & Haryana HC: Appeal after issuance of sanad taksim not maintainable—Collector’s order quashed

Case Name: Hoshiar v. State of Haryana & Others
Date of Judgment: January 9, 2020
Citation: CWP-11157-2017 (O&M)
Bench: Hon’ble Mr. Justice Sudhir Mittal

Held: The High Court held that once a sanad taksim (instrument of partition) has been issued under the Punjab Land Revenue Act, 1887, no statutory appeal lies against it. Any aggrieved party may only approach the High Court under Article 226 of the Constitution. Consequently, the appeal entertained by the Collector after issuance of sanad taksim was without jurisdiction, and his order was quashed.

Summary: The petitioner and his brother (respondent No. 3) were co-sharers in joint land. Partition proceedings were initiated in July 2015. Respondent No. 3 appeared but never filed objections, and even recorded a statement that he had no objection to partition. The mode of partition was finalized, Naksha-kha accepted, and sanad taksim issued on 14.12.2016. On the same day, however, respondent No. 3 filed an appeal before the Collector, who stayed and later allowed the appeal on 22.2.2017, citing absence of the Assistant Collector’s signatures on certain proceedings. The High Court noted that respondent No. 3’s conduct showed no prejudice, and the appeal appeared to be malicious, filed only to delay the process. Referring to Raja Ram @ Rajender v. Tehsildar-cum-AC, Hissar (2001), Balbir Chand v. Financial Commissioner (2010), and Jagraj Singh v. FC, Punjab (2008), the Court reiterated that no appeal is provided against issuance of a sanad taksim.

Decision: Writ petition allowed. Collector’s order dated 22.2.2017 set aside. The sanad taksim issued on 14.12.2016 restored.