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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Devender Singh – Appellant
Versus
Commissioner Hisar Division, Hisar – Respondent
| Table of Content |
|---|
| 1. challenging partition proceedings and associated orders (Para 1 , 2) |
| 2. court's directive for remand and timely hearing (Para 3 , 6) |
| 3. agreement on proceeding with remand for fair hearing (Para 4 , 5) |
| 4. conclusion and disposition of the writ petition (Para 7 , 8) |
Mr. Harsh Bunger, J.
1. Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, inter alia, is for issuance of a writ in the nature of Certiorari for setting aside the partition proceedings/Sanad Taksim dated 05.04.2021 (Annexure P-4) and also the order dated 10.11.2023 (Annexure P-9) passed by learned Commissioner, Hisar Division, Hisar.
2. Briefly, the partition proceedings in respect of land comprised in Khewat Nos.16 and 66 (as per Jamabandi for the year 2013-14) situated at Village Saharan, Tehsil Ratia, District Fatehabad, were initiated at the instance of respondents No.3 and 4.
2.1. It appears that initially the present petitioners were proceeded against ex parte, however, subsequently they moved an application for setting aside the ex parte proceedings, which was taken up by the learned Assistant Collector, IInd Grade, Ratia, Fatehabad on 18.03.2020,
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 participation in previous proceedings negates claims of lack of notification due to incorrect address.
In partition proceedings, the sanctioned mode of partition based on the consent of the parties is binding. Co-sharers who participate in such proceedings and agree to partition a specific portion of ....
The court upheld the validity of the partition proceedings under the Punjab Land Revenue Act, affirming that due process was followed and petitioners had adequate opportunity to raise objections, whi....
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