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2019 Supreme(P&H) 512

AUGUSTINE GEORGE MASIH
Ashok Kumar – Appellant
Versus
Financial Commissioner, Haryana, Chandigarh – Respondent


Advocates Appeared:Mr. Amit Jain, Advocate, for the petitioner.
Mr. Manish Dadwal, AAG, Haryana, for the State.
Mr. J.P.Sharma, Advocate, for respondents No. 5, 6 and 10.
Mr. Paramdeep Singh, Advocate, for Mr. R.K.Sharma, Advocate, for respondents No. 7 to 9.

JUDGMENT

Mr. Augustine George Masih, J. (Oral):- Challenge in this writ petition is to the order dated 18.12.2009 (Annexure P-6) passed by the Collector, Sub-Division, Narnaul, vide which ex-parte proceedings initiated against the respondents were set aside even after Sanad Takseem had taken place and even the possession has been handed over on 29.05.2009 and the order dated 12.09.2012 (Annexure P-8) passed by the Financial Commissioner, Haryana, upholding the order passed by the Collector and remanded the case back to the Assistant Collector Grade-I, Narnaul for fresh decision on merits vide order dated 12.09.2012 (Annexure P-8).

2. It is the contention of the learned counsel for the petitioner that after the partition application had been filed by Smt. Meer Puri and Smt. Champa, the petitioner purchased some land from one of the co-sharers. Petitioner was impleaded as a party to the partition proceedings. Parties were duly served but the private respondents preferred not to appear before the Assistant Collector Ist Grade, Narnaul resulting in passing of the order of mode of partition followed by further proceedings to the extent of finalization of the Sanad Takseem with the handin








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