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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Mandeep Singh – Appellant
Versus
Financial Commissioner Haryan – Respondent
| Table of Content |
|---|
| 1. challenging partition orders under constitutional provisions. (Para 2) |
| 2. incorrect address claim lacks evidentiary support. (Para 4 , 5) |
| 3. prior participation in proceedings underscores awareness. (Para 6) |
| 4. finality of proceedings when opportunity to contest was given. (Para 7) |
| 5. final ruling affirms dismissal of the writ petition. (Para 8 , 9) |
JUDGMENT :
HARSH BUNGER, J.
Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India , is for issuance of a writ in the nature of certiorari, for setting aside the order dated 30.08.2018 (Annexure P-1) passed by the learned Assistant Collector, First Grade, Narnaul as well as order dated 09.08.2024 (Annexure P-7) passed by the learned Financial Commissioner, Haryana.
2. Briefly, respondent No.3 filed an application, seeking partition of joint land comprised in khewat No.1617, total land 31 bighas 8 biswas. The present petitioner is stated to have been proceeded against ex-parte in the afore-said partition proceedings; however, neither the order nor the date of the order whereby, the petitioner was proceeded against ex-parte is forthcoming.
2.1 Be that as it may, it appears that the final
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.
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