IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.18161 of 2007 DATE OF DECISION : MAY 26, 2011 BALDEV SINGH ....... PETITIONER(S) VERSUS THE COLLECTOR-CUM-SUB DIVISIONAL MAGISTRATE, AMRITSAR & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. BS Jaswal, Advocate, for the petitioner(s). Mr. A.K. Sharma, Addl.AG, Punjab. Mr. HS Mann, Advocate, for respondents No.3 to 5. Mr. BS Saini, Advocate, for Mr. Premjit Kalia, Advocate, for respondent No.6 to 14. AJAI LAMBA, J. (Oral) 1 This Civil Writ Petition has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 29.4.2005 (Annexure P-5) and order dated 25.10.2007 (Annexure P-7), both passed by Assistant Collector Ist Grade, Amritsar-I. 2 Vide order (Annexure P-5), Assistant Collector Ist Grade, after remand of matter by the Collector vide order dated 23.12.2004 (Annexure P-4), has finalised the partition proceedings and ordered preparation of Sanad Taksim. Vide order (Annexure P-7), it has been directed that possession be handed over as per Sanad Taksim. Civil Writ Petition No.18161 of 2007 2 3 Learned counsel for the petitioner contends that the petitioner was not served in partition proceedings. At the time of remand by the Collector, vide order (Annexure P-4), Assistant Collector Ist Grade was asked to address the issue of partition, as question of title was not involved. It has been pointed out that even Assistant Collector Ist Grade, thereafter, did not send any intimation to the petitioner. The petitioner had not put in appearance before the Collector, as he had not been served. 4 Be that as it may, learned counsel for the private respondents contend that the proceedings have been prolonged for quite a long time on technical grounds. Learned counsel further contend that so as to bring an end to the proceedings, let Assistant Collector Ist Grade, Amritsar-I hear all the relevant parties and pass orders in the context of application of Kashmira Kaur and others, for partition. It has been pointed out that respondent No.3 is a widow, living abroad and does not have possession of any land, although she owns land as a co-sharer. 5 In view of the above, the petition is allowed. Order dated 29.4.2005 (Annexure P-5) and order dated 25.10.2007 (Annexure P-7) are hereby quashed. The parties are directed to put in appearance before Assistant Collector Ist Grade, Amritsar-I, on 6.7.2011. 6 It is made clear that because all the parties are represented before this Court, any objection in regard to non- appearance of the parties shall not be allowed to be raised. 7 Assistant Collector Ist Grade, Amritsar-I is directed to conclude the proceedings at his level within three months of the Civil Writ Petition No.18161 of 2007 3 date fixed for appearance of the parties i.e. by 5.10.2011. May 26, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?