CWP No.8603 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.8603 of 2007 Date of Decision: 26.3.2010 Kartar Singh .....Petitioner Vs. Financial Commissioner, Appeals-I,Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. R.S. Chauhan, Advocate for the petitioner. Mr. S.S. Sahu, AAG, Punjab, for respondent no.1. Mr. G.S. Nagra, Advocate for respondents no.2 to 4. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing the order dated 29.3.2007, passed by the Financial Commissioner Appeals-I,Punjab, setting aside partition proceedings. The petitioner filed an application for partition of the joint holding. Joginder Singh since deceased and now represented by his son Jagdish Singh was proceeded against ex-parte. Joginder Singh filed an application for setting aside ex-parte proceedings, which was dismissed by the Assistant Collector, Ist Grade. The appeal filed by Joingder Singh before the Collector was also dismissed. In a revision filed by Joginder Singh before the Commissioner, Ferozepur Division, partition proceedings were stayed. Aggrieved by this order, the CWP No.8603 of 2007 2 petitioner filed a revision. The Financial Commissioner, by exercising his suo-moto powers, under Section 16 of the Punjab Land Revenue Act, withdrew the entire case to his Court, accepted the revision, set aside the ex-parte proceedings and directed the Assistant Collector, Ist Grade, to proceed afresh and in accordance with law. Counsel for the petitioner submits that as partition proceedings have concluded with the sanction of the sanad takseem, the Financial Commissioner had no jurisdiction to interfere. It is also pointed out that Joginder Singh filed a civil suit, which was dismissed thereby affirming the correctness of partition proceedings. The Financial Commissioner, therefore, had no jurisdiction to travel beyond the judgements and decrees passed by civil courts and to hold that partition proceedings are a nullity. It is further argued that during pendency of partition proceedings, Joginder Singh has sold the land to Avtar Singh and Vir Singh, respondents no.3 and 4 thereby rendering the proceedings before the Financial Commissioner infructuous. Counsel for the contesting respondents submits that Joginder Singh (deceased) was admittedly a resident of Mandi Mutali @ Sardul Sunal, Tehsil Ganga Nagar (Rajasthan). Admittedly, no notice was ever served at the Rajasthan address but ex-parte proceedings were ordered, against Joginder Singh, without effecting service, at his correct address. It is further submitted that the civil court dismissed the suit for lack of jurisdiction as partition proceedings have to be adjudicated by revenue authorities. I have heard counsel for the parties, perused and impugned order and find no reason to hold that the Financial Commissioner has CWP No.8603 of 2007 3 committed any error. Admittedly, Joginder Singh was a resident of Rajasthan. No attempt was made to serve him at his address at Rajasthan. The judgement in the civil suit is irrelevant, as the suit was dismissed for want of jurisdiction. The sale of the land in dispute to respondents no.3 and 4 is irrelevant, as vendees have stepped into the shoes of Joginder Singh with all his rights and liabilities. The order passed by the Financial Commissioner setting aside ex-parte proceedings is, therefore, just, legal and valid. In view of what has been stated herein above, the writ petition is dismissed. However, parties shall main status-quo with respect to ownership and possession obtaining as on date, till the Assistant Collector Ist Grade finalises partition proceedings. The Assistant Collector, Ist Grade, Ferozepur, shall finalise partition proceedings within six months from the date of receipt of a certified copy of this order. Parties are directed to appear before the Assistant Collector, Ist Grade, Ferozepur, on 28.4.2010. 26.3.2010 (RAJIVE BHALLA) GS JUDGE