Civil Writ Petition No. 4241 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4241 of 2010 Date of Order: 28.06.2010 Beena Devi ....Petitioner Versus Financial Commissioner-cum-Secretary, Revenue Department , Haryana, Chandigarh and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Raj Mohan Singh,Advocate for the petitioner. Mr. S.S.Pattar, Sr. DAG, Haryana for respondents no.1 to 4. Mr. A.K.Walia, Advocate for respondent No.5 RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 30.06.2009, 17.09.2009, 18.11.2009 and 02.02.2010, passed by the Assistant Collector Ist Grade, Kaithal, the Collector, Kaithal, the Commissioner, Ambala Division, Ambala Cantt and the Financial Commissioner, Haryana, declining her prayer for setting aside ex-parte partition proceedings and dismissing her appeals and revision. The writ petition can be decided on a preliminary issue, namely, that the petitioner has no subsisting interest in the pending lis as she has relinquished her interest in the land in dispute. Admittedly, the petitioner, who claims to be a co-sharer, has relinquished her share in the land in dispute by executing a relinquishment deed dated 10.04.2007, in favour of respondents no.43 and 44. The application for setting aside ex-parte Civil Writ Petition No. 4241 of 2010 -2- proceedings was admittedly filed by the petitioner after execution of the relinquishment deed. Counsel for the petitioner submits that the relinquishment deed is irrelevant as ex-parte proceedings were initiated before execution of the relinquishment deed. Counsel for private respondent no.5, on the other hand, submits that as the petitioner relinquished her proprietary and possessory rights in the land in dispute, before filing the application for setting aside ex-parte proceedings, the application was not maintainable at her behest. I have heard counsel for the parties, perused the impugned orders. The petitioner admittedly relinquished all possessory and proprietary rights, in the land in dispute,in favour of respondents no.43 and 44, by executing a relinquishment deed dated 10.04.2007. The application for setting aside ex-parte proceedings was filed on 29.04.2009, after execution of the relinquishment deed. In the absence of any subsisting, possessory or proprietary interest in pending lis, on 29.04.2009, the petitioner had no right to file an application for setting aside ex-parte proceedings. The petitioner appears to have been set up by respondents no.43 and 44, to delay the finalisation of partition proceedings. In this view of the matter, the present petition is dismissed on this preliminary issue without prejudice to the rights of other parties. June 28, 2010 (RAJIVE BHALLA) nt JUDGE