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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Gurmail Singh – Appellant
Versus
Financial Commissioner (Appeals), Punjab – Respondent
JUDGMENT :
HARSH BUNGER, J.
1. Prayer in this civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside order dated 19.09.2022 (Annexure P-3) and order date 14.12.2022 (Annexure P-4), passed by Assistant Collector 1st Grade, Patiala (in short 'Assistant Collector'); order dated 28.08.2023 (Annexure P-6), passed by learned Collector, Patiala (in short 'Collector') and also order dated 03.04.2025 (Annexure P-8), passed by learned Financial Commissioner (Appeals), Punjab (in short 'Financial Commissioner').
2. Briefly, respondent No. 4 (Dhanna Singh) sought partition of joint land measuring 27 Kanal – 8 Marla, situated at village Madho Majra, Tehsil and District Patiala, wherein petitioner, who was arrayed as respondent No. 2, appeared before Assistant Collector and submitted his reply.
2.1 In the aforesaid partition proceedings, following mode of partition was approved :-
“1. The total land area under partition is 27 kanals 08 marla in village Maddo Majro, Tehsil and District Patiala, in which applicant is the co-owner.
2. The land will be partitioned by maintaining possession. A separate p
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 that participation in previous proceedings negates claims of lack of notification due to incorrect address.
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