CWP No.11855 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.11855 of 2008 Date of Decision: 8.7.2010 Satinder Singh .....Petitioner Vs. State of Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Padam Jain, Advocate for the petitioner. Mr. C.S. Brar, DAG, Punjab, for respondents no.1 to 4. Mr. Harinder Sharma, Advocate for respondent no.5. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for setting aside orders dated 23.5.2008, 21.8.2007 and 25.2.2005, passed by the Financial Commissioner, Cooperation,Punjab, Chandigarh, the Commissioner, Jalandhar Division, Jalandhar and the Assistant Collector, Ist Grade, Bholath. The petitioner is, admittedly a resident of Dubai. He was proceeded against ex-parte vide order dated 29.5.2003 in partition proceedings initiated by the private respondent and the final order of partition was passed on 16.3.2004. The petitioner filed an application for setting aside the ex-parte order of partition, which was dismissed by the Assistant Collector, Ist Grade, Bholath, by holding that the application is CWP No.11855 of 2008 2 not maintainable. Aggrieved by this order, the petitioner filed an appeal before the Collector, Bholath, who accepted the appeal, set aside ex-parte proceedings and directed the Assistant Collector, Ist Grade, Bholath to proceed in accordance with law. Aggrieved by this order, respondent no.5 filed an appeal. Vide order dated 21.8.2007, the Commissioner, Jalandhar Division,Jalandhar, accepted the appeal and set aside the order passed by the Collector. The petitioner thereafter filed a revision before the Financial Commissioner, which was dismissed on 23.5.2008. Counsel for the petitioner submits that in their application for partition, the respondents did not disclose that the petitioner is a resident of Dubai. The petitioner was not served with any notice. As admittedly the petitioner is a resident of Dubai, service by munadi in the village does not meet the parameters of a valid service. Counsel for the respondents, on the other hand, submits that after sanction of a Sanad Takseem, revenue officers cannot entertain any application or revision. It is further submitted that the petitioner was duly served by registered post and as he did not put in appearance, the Assistant Collector, Ist Grade, Bholath, ordered Munadi in the village. As the petitioner did not put in appearance, ex-parte proceedings were initiated against the petitioner. It is prayed that as the impugned orders do not suffer from any error of law or of jurisdiction, the present petition should be dismissed. I have heard counsel for the parties and perused the impugned orders. The registered notices allegedly sent to the petitioner were not received back. The petitioner was proceeded against ex-parte on the basis CWP No.11855 of 2008 3 of a proclamation carried out in the village. Admittedly, the petitioner is a resident of Dubai. The Assistant Collector, Ist Grade could not, therefore, have ordered service upon the petitioner by proclamation in the village. It belies comprehension as to how a person residing in Dubai can be said to be validly served by a proclamation in the village. The Financial Commissioner, apparently failed to discern this patent illegality in the orders passed by the Assistant Collector, Ist Grade and proceeded to hold against the petitioner on entirely irrelevant considerations. It would be necessary to mention here that the courts are respected for their ability to adjudicate rights of the parties on merits and, therefore, revenue officers would be well advised to desist from non suiting parties on procedural technicalities. In view of what has been stated herein above, the writ petition is allowed, the orders dated 23.5.2008, 21.8.2007 and 25.2.2005 are set aside and the matter is remitted to the Assistant Collector, Ist Grade, Bholath, to proceed with the partition proceedings afresh after affording an opportunity of filing objections to the petitioner against the mode of partition. Parties are directed to appear before the Assistant Collector, Ist Grade, Bholath on 1.9.2010. 8.7.2010 (RAJIVE BHALLA) GS JUDGE