PIARA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Both the above mentioned Civil Writ Petitions i.e. CWP Nos. 8217 and 7379 of 2010 have been listed together for hearing. Both the above mentioned writ petitions are being disposed of by common judgment. Learned counsel for the petitioner has referred to the facts in CWP No. 8217 of 2010. Therefore, for the sake of convenience, facts from this case are being taken. Civil Writ Petition No. 8217 of 2010 has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 02.12.2009 (Annexure P/11) passed by the Financial Commissioner (Appeals-II), Punjab - respondent No. 1, order dated 17.08.2004 (Annexure P/7) passed by the Commissioner, Jalandhar Division, Jalandhar - respondent No. 2, order dated 27.03.2003 (Annexure P/5) passed by the Collector, Gurdaspur - respondent No. 3 and order dated 11.09.2002 (Annexure P/3) passed by the Assistant Collector Ist Grade, Gurdaspur - respondent No. 4.

(2.) Both the aforementioned writ petitions arise out of partition proceedings of land measuring 374 kanals 4 marlas situated within the revenue limits of Village Saraspur, Tehsil and District Gurdaspur. Respondent Nos. 5 to 7 filed a partition application before respondent No. 4. It is alleged in the writ petition that without following the procedure and effecting personal service upon the petitioners, said partition application was allowed to be proceeded, as a result of which subsequent proceedings have also been carried out without any notice to the petitioners. It is the case of the petitioners that petitioner No. 1 was not impleaded as party, although he is recorded as a co-sharer in the jamabandi for the relevant year and service upon the other petitioners was also not effected in accordance with law. The entire proceeding are not sustainable in the eyes of law.

(3.) Upon notice, respondents No. 2 to 4 and 5 & 6 filed their separate written statements averring that the partition application has been rightly decided by the authorities below and in the application, every one was impleaded as a party as per the jamabandi prevalent at the time of filing of application for partition. Due service was effected by way of munadi.