Petition challenged the Assistant Collector's approval of a proposed mode of partition without hearing the petitioner. Counsel conceded an alternative remedy of appeal before the Collector; the writ petition was permitted to be withdrawn with liberty to file such appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP-36165-2018
-1-
Neutral Citation No. 2024:PHHC:031226
106
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-36165-2018
Date of Decision: March 05, 2024
Harbhajan Singh @ Bhajan Singh
......Petitioner
Versus
The Assistant Collector Ist Grade, Phillaur, District Jalandhar and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present: Mr.Rohit Sapehiya, Advocate for Mr.R.S.Chauhan, Advocate for the petitioner.
Mr.Navneet Singh, Sr.DAG, Punjab.
Mr.H.S.Jugait, Advocate for respondent No.2.
RAJESH BHARDWAJ, J.(ORAL)
Prayer in the present petition is for quashing of order dated 07.06.2018, Annexure P-3, vide which respondent No.1, i.e. Assistant Collector Ist Grade, Phillaur, District Jalandhar, has approved the proposed mode of partition without hearing the petitioner and without visiting the spot. It is further prayed to remand the case to respondent No.1 with a direction to him to give an opportunity of hearing to the petitioner before approving the mode of partition.
Counsel for the petitioner fairly submits that petitioner has an alternative remedy of filing an appeal before the Collector, thus, he may be allowed to withdraw this petition with liberty to the petitioner to avail alternative remedy of filing an appeal.
MEENU 2024.03.06 14:25 I attest to the accuracy and integrity of this document
-2-
CWP-36165-2018
Neutral Citation No. 2024:PHHC:031226
Allowed as prayed for.
Petition is dismissed as withdrawn with liberty aforesaid. In
case any appeal is filed by the petitioner before the Collector, the same would be decided by the Collector expeditiously in accordance with law. However, the interim order passed on 19.12.2018 would continue till the decision of the appeal filed by the petitioner.
MEENU 2024.03.06 14:25 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the Assistant Collector's approval of partition mode without hearing the petitioner should be quashed and remanded?
Harbhajan Singh @ Bhajan Singh
The Assistant Collector Ist Grade, Phillaur, District Jalandhar
Respondent No.2
Rajesh Bhardwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
