HARSH BUNGER, J. [ORAL]

CM-16007-CWP-2025

This is an application for placing on record zimni orders dated 15.02.2025, 06.03.2025, 11.03.2025, 18.03.2025 as Annexure P-9 and order dated 25.03.2025 as Annexure P-10.

For the reasons recorded in the application, the same is allowed and Annexures P-9 and P-10 are taken on record, subject to all just exceptions.

CWP-31300-2025 (O&M)

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 10.09.2025 (Annexure P-8) passed by the learned Commissioner, Gurugram Division, Gurugram.

A further prayer has been made for setting aside the orders dated 25.03.2025, 28.04.2025 (wrongly mentioned as 24.08.2025), 01.05.2025, 07.05.2025 and 16.05.2025 (Annexures P-1 to P-5, respectively) passed by the learned Assistant Collector Ist Grade, Rewari (in short `the Assistant Collector’) in the partition proceedings.

2. Briefly, respondent No.4-Rajender and others filed an application for partition of joint land situate at village Bariawas, Tehsil and District Rewari. It is noticeable that the petitioners have neither attached the partition application nor has placed on record the revenue record regarding the land under partition, in the instant writ petition.

3. Be that as it may, it appears that the present petitioners were proceeded against ex-parte in the afore-said partition proceedings vide order dated 25.03.2025 (Annexure P-1) passed by the learned Assistant Collector. Thereafter, the mode of partition came to be sanctioned vide order dated 28.04.2025 (Annexure P-2), which was followed by approval of naksha bey vide order dated 01.05.2025 (Annexure P-3) and naksha zeem vide order dated 07.05.2025 (Annexure P-4). The partition proceedings appear to have been culminated with the drawing of sanad takseem dated 16.05.2025 (Annexure P-5).

3.1 It is averred by the petitioners that they came to know about the afore-said partition upon receiving a notice dated 10.07.2025 in the execution proceedings whereupon, they obtained the certified copies of the relevant documents and filed a revision petition before the learned Commissioner, Gurugram Division, Gurugram.

3.2 It transpires that the afore-said revision petition filed by the petitioners has been dismissed by the learned Commissioner vide order dated 10.09.2025 (Annexure P-8). Hence, the present writ petition.

4. Heard.

5. The sole ground raised by learned counsel for the petitioners is that the petitioners have not been served as per the provisions contained in Section 20 of the Haryana Land Revenue Act.

6. Having gone through the paper-book and also the impugned orders, it is observed that the similar ground was raised by the petitioners before the learned Commissioner as well and the same has been duly considered and rejected vide order dated 10.09.2025 (Annexure P-8) by observing as under :-

“Upon hearing the arguments of the learned counsels for both the parties and upon perusal of the record of the lower court, it has been found that the revisionists have filed the revisions mainly by raising objection that by not adopting the complete procedure of notice to the revisions in the application for partition of land by taking wrong exparte proceedings on the basis of the notice sent on whatsapp, the orders under revision have been passed by the lower court.

On page No.101 and 103 of the file of the lower court, the notices of the first revisionists are available on which the notice of first revisionist has been received by his son Vijay Kumar and second revisionist Vijay Kumar son of Ram Kanwar himself has received the notice, on which there are signatures of Parveen Kumar Sewadar and Leelu Ram Chowkidar and similarly the notices of the revisionists/respondents bearing No.1, 3, 4, 5, 6, 10 of the second revision are available on page No.79 to 80, which have been sent through whatsapp on their mobile number by process server