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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Jai Bhagwan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harsh Bunger, J. [Oral]
1. Petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of certiorari, for setting aside the order dated 04.09.2024 (Annexure P-11); vide which, the Deputy Commissioner, Rohtak has directed the petitioner to file a case in a Competent Court for cancellation of Mutation no.9276 (Annexure P-4), which is stated to be entered/sanctioned on 21.07.2003, in view of the instrument of partition dated 10.12.2002 (Annexure P-2) issued by the learned Assistant Collector Ist Grade, Sampla.
2. Briefly, respondent Nos.6 to 8 filed an application seeking partition of joint land measuring 214 kanals-18 marlas, situate at Village Hasangarh, Tehsil Sampla, District Rohtak, wherein the petitioner was also one of the co-sharers. It appears that the afore-said partition proceedings culminated into the drawing of an instrument of partition dated 10.12.2002. It transpires that the Sanad Takseem came to be challenged by respondent No.9 (Smt. Savita d/o Sh. Manohar Lal), by way of filing an appeal before the learned Collector, Rohtak, who vide his order dated 24.12.2003 (Annexure P-6) set
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
Due process must be followed in partition proceedings to ensure all parties have the opportunity to present their objections, reinforcing the principle of fair hearing.
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
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