Bakhshish Kaur v. Fin. Commr. Appeals Ii, Punjab, Chd. And ORS.

CWP No.15873 of 2009 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.15873 of 2009 Date of decision:28.03.2017 Bakhshish Kaur ... Petitioner Vs.

Financial Commissioner Appeals-II, Punjab & others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. K.S.Cheema, Advocate for the petitioner.

Ms. Lavanya Paul, AAG, Punjab.

Mr. Harsh Bunger, Advocate for respondents No.5 and 6.

Mr. P.S.Punia, Advocate for respondents No.7 to 11, 13, 18, 20 to 22. AMIT RAWAL J. (Oral) After arguing for some time, Mr. Harsh Bunger, learned counsel appearing on behalf of respondents No.5 and 6 has been very fair and honest to make request on the premise that since the petitioner has not been heard in the partition proceedings initiated by the respondents, the orders under challenge may be set aside by remanding the matter back to the Assistant Collector Ist Grade provided that application may be ordered to be decided within time line as the matter is quite old. The aforementioned proposal of Mr. Harsh Bunger, Advocate has not been opposed by Mr. K.S.Cheema, Advocate. Resultantly, the impugned orders are set aside. The partition proceedings are held to be de-novo. The matter is remitted back to the Savita 2017.03.31 10:41 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.15873 of 2009 {2} Assistant Collector Ist Grade for deciding the matter afresh after affording 4-4 effective opportunities to each of the parties to put across their case and lead evidence, if any. Let this exercise be done within a period of 10 months from the date of receipt of certified copy of this order. It has been brought to the notice of this Court that few of the co-sharers have died. Let necessary steps be taken to bring on record their legal representatives in order to avoid multifariousness of litigation. As regards other co-sharers, who have not come to this Court, the Assistant Collector Ist Grade shall adhere strictly as per the provisions of Section 20 of the Punjab Land Revenue Act as applicable to Punjab. The writ petition stands allowed in view of the aforementioned consensus.

All the parties through their counsel are directed to appear before the concerned Assistant Collector Ist Grade on 17.04.2017. (AMIT RAWAL) JUDGE March 28, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.03.31 10:41 I attest to the accuracy and integrity of this document High Court Chandigarh