Kulwinder Singh And Another v. Financial Commission Appeal Punjab And Others

APURVA 2025.01.31 17:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

accordingly, the partition proceedings/Sanad Takseem dated 27.06.2012 have been set aside and the matter has been remanded to the learned Assistant Collector, Nihal Singh Wala with a direction to decide the same afresh, after hearing all the concerned parties. 3.

During the course of hearing before this Court, on the last date of hearing, i.e. 12.12.2024, learned counsel for the petitioners had contended that in fact the proper procedure, as envisaged under Section 20 of the 1887 Act, was followed while effecting service upon respondent No.5 (Labh Singh); and accordingly, learned counsel for the petitioner was called upon to place on record the zimni orders passed by the learned Assistant Collector, 1st Grade, Nihal Singh Wala, District Moga. In pursuance thereof, today, learned counsel for the petitioners has submitted that he has gone through all the zimni orders passed by the learned Assistant Collector, 1st Grade, Nihal Singh Wala, District Moga, and indeed, proper procedure as prescribed under Section 20 ibid was not followed while serving respondent No.5 (Labh Singh).

4.

In view of the aforesaid fair stand taken by learned counsel for the petitioners, once respondent No.5 was not served in accordance with law, especially as per the procedure prescribed under Section 20 of the 1887 Act; I find no illegality or perversity in order dated 29.03.2023 (Annexure P16) passed by the learned Financial Commissioner (Appeals), Punjab and the instant writ petition is accordingly dismissed. 5.

All pending application(s), if any, shall also stand closed. APURVA 2025.01.31 17:36 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh