DILBAG SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS
CWP/21912/2025 · 2025-08-08
Harsh Bunger
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86320 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86320 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APURVA 2025.08.22 11:39 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
1.2 Another prayer has been made for directing the Assistant Collector, 1st Grade (Tehsildar), Bhawanigarh (respondent No.4) to decide the partition application dated 02.03.2021 (Annexure P-1) afresh.
2.
Learned counsel for the petitioners, inter alia, submits that the petitioners were wrongly proceeded against ex parte by the learned Assistant Collector, 1st Grade, Bhawanigarh, vide order dated 19.08.2021 (Annexure P-3), by relying upon the summons, despite the fact that there is no order available on the file of Assistant Collector, whereby any notice was issued to the co-sharers of the land under partition.
3. Learned State counsel upon inspection of the record pertaining to the partition proceedings before the Assistant Collector, 1st Grade, Bhawanigarh, very fairly submits that in fact, there is no order of the Assistant Collector, Ist Grade, Bhawanigarh, whereby notice was ever issued to the parties in partition application.
4. Faced with this situation, learned counsel for respondent No.5 submits that respondent No.5 would have no objection in case the present partition proceedings are set aside and the matter is remanded to the Assistant Collector, 1st Grade, Bhawanigarh, for carrying out the fresh partition proceedings, however, it is submitted that since the matter is pending since 2021, accordingly, time bound directions may be issued to the learned Assistant Collector to conclude the partition proceedings.
5.
Learned counsel for the petitioners as well as learned State counsel do not raise any objection to the aforesaid course being adopted.
6. Keeping in view the broad consensus arrived at between the parties, order dated 19.08.2021 (Annexure P-3) passed by the learned Assistant Collector, 1st Grade, Bhawanigarh as well as orders dated 26.04.2022 (Annexure P-5) and 17.01.2023 (Annexure P-6) passed by the APURVA 2025.08.22 11:39 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
learned Assistant Collector, 1st Grade, Bhawanigarh; order dated 19.12.2023 (Annexure P-7) passed by the learned Assistant Collector-cum-Naib Tehsildar, Bhawanigarh; orders dated 13.05.2024 (Annexure P-8) and 17.03.2025 (Annexure P-10) passed by the learned Financial Commissioner, Punjab; are set aside and the matter is remanded to the Assistant Collector, 1st Grade, Bhawanigarh, for carrying out fresh partition proceedings in terms of partition application dated 02.03.2021 (Annexure P-1), after affording due opportunity of hearing to all the concerned parties. 6.1 Since the matter is pending since 2021, the Assistant Collector, 1st Grade, Bhawanigarh is directed to make earnest endeavour to conclude the partition proceedings expeditiously and preferably within a period of six months from the date of appearance of the parties before him, however, the said direction would be 6.2 The parties are directed to appear either personally or through their respective counsel(s) before the learned Assistant Collector, 1st Grade, Bhawanigarh on 25.08.2025.
7. The instant writ petition is disposed of in the aforesaid terms.
8. APURVA 2025.08.22 11:39 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh