LPA-2214-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 134 LPA-2214-2026 (O&M) KAMLESH …..APPELLANT Vs. FINANCIAL COMMISSIONER HARYANA AND OTHERS …..RESPONDENTS Sr. No. Particular Details 1 The date when the judgment is reserved 25.08.2026 2 The date when the judgment is pronounced 02.09.2026 3 The date when the judgment is uploaded on the website 05.09.2026 4 Whether only operative part of the judgment is pronounced or full judgment is pronounced Full 5 The delay, if any, of the pronouncement of full judgment, and reasons thereof Not applicable CORAM: HON’BLE MR. JUSTICE SUVIR SEHGAL HON’BLE MR. JUSTICE RAJESH GAUR Present: Mr. Jayant Yadav, Advocate for the appellant. ***** SUVIR SEHGAL, J. 1. This intra-court appeal has been filed challenging judgment dated 01.07.2026 passed by the Writ Court, whereby learned Single Judge has declined to interfere with order dated 09.02.2026 (Annexure P-29) by the Financial Commissioner Haryana. 2. Mr. Jayant Yadav, counsel for the appellant has argued that PRIYANKA 2026.09.05 16:06 I attest to the accuracy and integrity of this document LPA-2214-2026 (O&M) -2- once a close relative of respondent No.3 had been served and was aware of the partition proceedings, separate service upon respondent No.3 was not necessary. Reliance has been placed by him upon the Full Bench of this Court in Biru and Another Vs. Suraj Bhan and Others, 1983 PLR 568, to contend that where the co-sharers have common interest, presence upon one co-sharer can constitute effective representation of other co-shares. 3. Having heard counsel for the appellant, we do not find any merit in his submission. Record reveals that respondent No.3 was residing abroad throughout the relevant period and was never served. Despite this, Assistant Collector First Grade recorded that several opportunities had been afforded to him to file objections during their partition proceedings. Vide order dated 09.02.2026, Financial Commissioner noticed that even the purported substituted service by way of munadi was defective as there was no order directing such service and the prescribed procedure was not adopted. The report was signed only by the Chowikdar without associating any witness. 4. The judgment in Biru’s case (supra) is clearly distinguishable. The principle recognized by the Full Bench is that, where persons share a common and identical interest, one amongst them may in an appropriate circumstances, effectively represent the others. The rule itself proceeds on the premise that the proceedings were fair and were not tainted by fraud, collusion or circumstances demonstrating that absence of a party would prejudice his individual right. 5. Instant appeal does not involve a mere technical omission to serve one amongst the many co-sharers whose identical interest stood PRIYANKA 2026.09.05 16:06 I attest to the accuracy and integrity of this document LPA-2214-2026 (O&M) -3- effectively represented. Respondent No.3 was admittedly residing abroad and had no opportunity to participate in the partition proceedings or to file objections. Substituted mode of service adopted for serving him was found to be contrary to the prescribed procedure. The very basis for applying the principle of representative service as enunciated in Biru’s case (supra) was, therefore, absent. Learned Single Judge has, therefore, rightly held that the partition proceedings conducted at the back of respondent No.3 could not be sustained. At the same time, rights of all the parties have been protected by directing them to appear before the Assistant Collector First Grade for conclusion of partition proceedings afresh within a stipulated period. This Court does not find any error, illegality or perversity in the judgment passed by the learned Single Judge which requires interference in exercise of appellate jurisdiction. 6. Finding no merit in the appeal, the same is dismissed though with no order as to costs. 7. Pending miscellaneous application(s), if any, shall stand disposed of. (SUVIR SEHGAL) JUDGE (RAJESH GAUR) JUDGE 02.09.2026 pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2026.09.05 16:06 I attest to the accuracy and integrity of this document