GOBIND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) GRIEVANCE of the petitioner is that Tehsildar, Sonepat, has conducted exparte proceedings in a partition case filed by respondent Nos. 5 to 8. According to the petitioner, this is in utter violation of provisions of Section 20 of the Punjab Land Revenue Act (for short, "the Act").

(2.) IN the partition proceedings filed by respondent No. 5, the petitioner has been impleaded as second party No. 2. Assistant Collector IInd Grade accepted Naksha Kha on 13.6.2000 on a statement made by respondent Nos. 7 and 8 and second party No. 1 and 3 to the effect that they were not interested in filing any objection against Naksha Kha. Petitioner has himself disclosed that he received summons from Civil Court, Sonepat, in October 2001 for leading additional evidence in civil suit titled Teka V. Gobind and from this he learnt that partition proceedings have been held in a clandestine manner at the instance of respondent Nos. 5 to 8. The petitioner accordingly filed an appeal against orders dated 5.3.1999 and 13.6.2000 and for setting -aside exparte order dated 12.7.1999. Collector, however, dismissed this appeal on 6.10.2004, which was impugned by filing a revision before Commissioner, Rohtak Division, Rohtak. The revision was also dismissed on 28.6.2006. The petitioner, thus, has filed the present writ petition to impugn orders Annexures P -2 to P -4 primarily on the ground that the orders are in violation of provisions of Section 20 of the Act.

(3.) THE authorities have proceeded against the petitioner exparte on receipt of a report of refusal. The petitioner complains that Halqa Patwari and revenue officer being mixed up had managed this wrong report to proceed against the petitioner exparte. The petitioner claims that he was serving at Delhi and he used to leave at 6 A.M. in the morning to return at 9 P.M. The refusal as such, was wrong. The report of the Process Server was attested by Risal Singh, Chowkidar, which is also termed as wrong. It is in this background that prayer is made for setting -aside the Sanad Taqsim.