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.

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, wherein notice on the said application was also issued, however subsequently, on account of outbreak of Corona Virus, the proceedings could not be taken up until 24.06.2020.

2.2. In the meanwhile, the present petitioners approached the Civil Court, wherein an order dated 25.08.2020 (Annexure P-11) was passed by learned Additional Civil Judge (Senior Division) Ratia, District Fatehabad, staying the partition proceedings. 2.3. Subsequently, on an appeal being filed by respondents No.3 and 4, the learned Additional District Judge, Fatehabad, passed an order dated 25.03.2021 (Annexure P-12), The relevant extract thereof reads as under:-

“ x - x -

18. However, the order dated 25.08.2020 passed by learned trial Court for restraining the partition proceedings of case No.1-P dated 17.12.2019 is not correct as there is no evidence of adverse possession on record, at this stage, and the plaintiffs did not claim adverse possession in civil suit No.130- C of 2019, which was filed on 25.02.2019. Therefore, order dated 25.08.2020 passed by the Court of Sh. Pawan Kumar, learned Additional Civil Judge (Senior Division), Ratia is liable to be modified to the extent that the partition proceedings in case No.1-P dated 17.12.2019 before learned Assistant Collector IInd Grade-cum-Tehsildar, Ratia, District Fatehabad shall continue in accordance with law, but the final order in the said partition proceedings shall be subject to the decision of the civil suit bearing no.CS-238 of 2020 filed by the plaintiffs Buta Singh & Others.

19. In view of the aforesaid reasoning and discussion, the present civil miscellaneous appeal filed by appellants/defendant No.1 and 2 partly succeeds and the same is hereby partly allowed with no order as to costs, in the manner indicated above. Consequently, application under Order 39 Rules 1 & 2 read with Section 151 of CPC filed by the respondents/plaintiffs is partly allowed to the extent mentioned above. Memo of costs be prepared accordingly.”

2.4. It transpires that in pursuance of the order dated 25.03.2021 (Annexure P-12) passed by learned Additional District Judge, Fatehabad, the partition proceedings were again taken up by the learned Assistant Collector, IInd Grade, Ratia, Fatehabad on 01.04.2021, when without deciding the application for setting aside the ex parte proceedings nor providing any opportunity to the petitioners herein to file objections to Naksha Kha, Naksha Kha was approved and subsequently, Naksha Zeem was also approved on 05.04.2021 and on the said date even the Sanad Taksim was issued.

2.5. It transpires that revision filed by the petitioners challenging the partition proceedings/Sanad Taksim, before the learned Commissioner, Hisar Division, Hisar was also dismissed vide order dated 07.07.2021 (Annexure P-5).

3. In the aforem