CWP-30739-2018 (O&M) [226] Kashmir Singh (since deceased through LRs) Divisional Commissioner, Rohtak Division, Rohtak and others Coram : Present: PANKAJ JAIN [1] 14.03.2018 (Annexures P has been ordered by respondent No.2 Tehsildar, Tehsil Kalanaur, District Rohtak and against order dated 11.07.2018 (Annexure P before respondent No.1, has been dismissed. [2] initiated by the private respondents. Father of the present petitioner, namely Kashmir Singh son of Sher Singh, being one of the co as respondent No.5. Kashmir Singh appeared and contest proceedings. He unfortunately died on 13.07.2016. (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-30739 Date of Decision : Kashmir Singh (since deceased through LRs) versus Divisional Commissioner, Rohtak Division, Rohtak and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Deepak Girotra, Advocate for the petitioners. Mr. Abhimanyu Antil, DAG, Haryana. Mr. Shobit Phutela, Advocate Mr. Ashish Khatkar, Advocate for respondent Nos.5 to 7. **** PANKAJ JAIN, J. (ORAL) The present writ petition has been directed against Orders dated 14.03.2018 (Annexures P-5 & P-6) whereby has been ordered by respondent No.2-Assistant Collector, Ist Class Tehsildar, Tehsil Kalanaur, District Rohtak and against order dated 11.07.2018 (Annexure P-8) whereby the appeal preferred by the petitioners ore respondent No.1, has been dismissed. The present writ petition has initiated by the private respondents. Father of the present petitioner, namely Kashmir Singh son of Sher Singh, being one of the co as respondent No.5. Kashmir Singh appeared and contest proceedings. He unfortunately died on 13.07.2016. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 30739-2018 (O&M) Date of Decision : 01.07.2026 Kashmir Singh (since deceased through LRs) …Petitioners Divisional Commissioner, Rohtak Division, ….Respondents PANKAJ JAIN Advocate for the petitioners. Mr. Abhimanyu Antil, DAG, Haryana. Advocate for respondent Nos.3 & 4. Advocate for Mr. Dinesh Arora, Advocate The present writ petition has been directed against Orders dated ) whereby Sanad Taksim and Naksha ‘Ga’ Assistant Collector, Ist Class-cum Tehsildar, Tehsil Kalanaur, District Rohtak and against order dated 8) whereby the appeal preferred by the petitioners ore respondent No.1, has been dismissed. has arisen out of partition proceedings initiated by the private respondents. Father of the present petitioner, namely Kashmir Singh son of Sher Singh, being one of the co-sharers was arraigned as respondent No.5. Kashmir Singh appeared and contested the partition proceedings. He unfortunately died on 13.07.2016. 1 Advocate The present writ petition has been directed against Orders dated Naksha ‘Ga’ cum- Tehsildar, Tehsil Kalanaur, District Rohtak and against order dated 8) whereby the appeal preferred by the petitioners n out of partition proceedings initiated by the private respondents. Father of the present petitioner, namely s arraigned the partition RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-30739-2018 (O&M) [3] notice of the dated 14.03.2018. The petitioners preferred appeal. [4] observing that the partition proceedings were initiated while Kashmir Singh was alive. of his LRs to present themselves before the proceedings. so, they cannot be allowed to seek annulment of the partition proceedings at this stage. [5] authorities. He submits that the petitioners are LRs of deceased Singh. Though, Kashmir Singh participated in the proceedings but the petitioners were not in the knowledge of the sa the partition death of Kashmir Singh was not brought to the notice of the Court even though the applicant is submits tha valuable land abutting the main road has fallen to the share of the partition applicant and the Assistant Collector has partitioned the land without evaluating the same. [6] before the Assistant Collector, Ist Grade. He along with other four brothers were being represente petitioners to claim ignorance about partition proceedings is highly unbelievable (O&M) The factum of death of Kashmir Singh notice of the revenue Courts. The partition proceedin dated 14.03.2018. The petitioners preferred appeal. The same stands dismissed vide impugned order Annexure P observing that the partition proceedings were initiated while Kashmir Singh was alive. Kashmir Singh participated in the proceedings. Thus of his LRs to present themselves before the proceedings. , they cannot be allowed to seek annulment of the partition proceedings at this stage. Counsel for the petitioners has assailed the order passed by the authorities. He submits that the petitioners are LRs of deceased Singh. Though, Kashmir Singh participated in the proceedings but the petitioners were not in the knowledge of the sa the partition applicant to implead LRs of Kashmir Singh. Even the fact of death of Kashmir Singh was not brought to the notice of the Court even though the applicant is the real brother of Kashmir Singh. He further submits that prejudice has been caused to the petitioners as the more valuable land abutting the main road has fallen to the share of the partition applicant and the Assistant Collector has partitioned the land without evaluating the same. Per contra, Mr. Phutela, submits that Kashmir Singh appeared before the Assistant Collector, Ist Grade. He along with other four brothers were being represented by the same counsel. It is too late in the day for the petitioners to claim ignorance about partition proceedings is highly unbelievable. he factum of death of Kashmir Singh was not brought to the The partition proceedings culminated in order dated 14.03.2018. The petitioners preferred appeal. The same stands dismissed vide impugned order Annexure P observing that the partition proceedings were initiated while Kashmir Singh d in the proceedings. Thus it was duty of his LRs to present themselves before the proceedings. Having failed to , they cannot be allowed to seek annulment of the partition proceedings at Counsel for the petitioners has assailed the order passed by the authorities. He submits that the petitioners are LRs of deceased-Kashmir Singh. Though, Kashmir Singh participated in the proceedings but the petitioners were not in the knowledge of the same. No effort was made by to implead LRs of Kashmir Singh. Even the fact of death of Kashmir Singh was not brought to the notice of the Court even real brother of Kashmir Singh. He further t prejudice has been caused to the petitioners as the more valuable land abutting the main road has fallen to the share of the partition applicant and the Assistant Collector has partitioned the land without la, submits that Kashmir Singh appeared before the Assistant Collector, Ist Grade. He along with other four brothers d by the same counsel. It is too late in the day for the petitioners to claim ignorance about partition proceedings as the contention 2 brought to the order The same stands dismissed vide impugned order Annexure P-8 observing that the partition proceedings were initiated while Kashmir Singh it was duty aving failed to do , they cannot be allowed to seek annulment of the partition proceedings at Counsel for the petitioners has assailed the order passed by the Kashmir Singh. Though, Kashmir Singh participated in the proceedings but the me. No effort was made by to implead LRs of Kashmir Singh. Even the fact of death of Kashmir Singh was not brought to the notice of the Court even real brother of Kashmir Singh. He further t prejudice has been caused to the petitioners as the more valuable land abutting the main road has fallen to the share of the partition applicant and the Assistant Collector has partitioned the land without la, submits that Kashmir Singh appeared before the Assistant Collector, Ist Grade. He along with other four brothers d by the same counsel. It is too late in the day for the as the contention RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-30739-2018 (O&M) [7] of the records of the case, this Court finds that it is not in dispute that Kashmir Singh was one of the co as one of the respondents in partition application. During the pendency of the partition application, Kashmir Singh died. Neither of the parties, i.e. the applicant or the Court deceased- [8] proceedings conducted at the back of LRs of Kashmir Singh who co-sharers set aside. [9] Grade on upon the application for partition from the necessary exercise be from the date of appearance of the parties. [10] [11] disposed off 01.07.2026 ‘R. Sharma' (O&M) Having heard counsel for the parties and after carefully perusing of the records of the case, this Court finds that it is not in dispute that Kashmir Singh was one of the co-sharers in the joint land and was as one of the respondents in partition application. During the pendency of the partition application, Kashmir Singh died. Neither of the parties, i.e. the applicant or anyone of the remaining respondents, brought it to the notice of that Kashmir Singh has died. No notice was ever issued to LRs of -Kashmir Singh. In view of the above, this Court finds that the partition proceedings conducted at the back of LRs of Kashmir Singh who sharers in estate on his death cannot be sustained. The same are hereby . Parties are directed to appear before the Assistant Collector, 1 Grade on 15.07.2026. The Assistant Collector, 1 upon the application for partition from the necessary exercise be completed expeditiously within a period of 06 months from the date of appearance of the parties. Writ petition stands disposed off All pending miscellaneous application(s), if any, stands isposed off. 01.07.2026 Whether speaking/ reasoned Whether reportable Having heard counsel for the parties and after carefully perusing of the records of the case, this Court finds that it is not in dispute that sharers in the joint land and was arraigned as one of the respondents in partition application. During the pendency of the partition application, Kashmir Singh died. Neither of the parties, i.e. the the remaining respondents, brought it to the notice of that Kashmir Singh has died. No notice was ever issued to LRs of In view of the above, this Court finds that the partition proceedings conducted at the back of LRs of Kashmir Singh who became cannot be sustained. The same are hereby Parties are directed to appear before the Assistant Collector, 1 . The Assistant Collector, 1st Grade, shall re-adjudicate upon the application for partition from the stage Kashmir Singh died. The expeditiously within a period of 06 months from the date of appearance of the parties. isposed off. All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 Having heard counsel for the parties and after carefully perusing of the records of the case, this Court finds that it is not in dispute that arraigned as one of the respondents in partition application. During the pendency of the partition application, Kashmir Singh died. Neither of the parties, i.e. the the remaining respondents, brought it to the notice of that Kashmir Singh has died. No notice was ever issued to LRs of In view of the above, this Court finds that the partition became cannot be sustained. The same are hereby Parties are directed to appear before the Assistant Collector, 1st adjudicate Kashmir Singh died. The expeditiously within a period of 06 months All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document