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Judgment
PANKAJ JAIN, J. (ORAL)
[1] By way of the present writ petition, the petitioners seeking issuance of a writ in the nature of Certiorari for quashing the impugned order dated 28.02.2018 (Annexure P-8) passed by the Financial Commissioner (Revenue), Punjab, Chandigarh, whereby the revision petition filed by the petitioners, has been dismissed.
[2] The parties are co-sharers. Respondent Nos.3 to 5 filed an application under Section 111 of the Punjab Land Revenue Act, 1887, seeking partition of 112 kanals 11 marlas of land, impleading the present petitioners as respondent Nos.2, 3 & 4. The service report, which has been placed on record as Annexure P-2, reads as under:-
“ Respected sir it is submitted that respondent No. 1, 2, 3, 4 are residing outside the country, respondent No. 5, 6 refused to accept the notice, respondent No. 7, 8, 9 are residing outside the country, respondent No. 16 refusal, respondent No. 15 not residing in the village, No. 16 refusal, respondent No. 11, 12, 13 not found in the house. Report is submitted. ”
[3] The subsequent report dated 21.12.2012 was also to the same effect, which reads as under:-
“ File put up, case was called. Counsel for the applicants came present. Service has been done by the field staff the report which has come to this court. As per the report of the field staff respondent No. 1, 2, 3, 4 are residing out of country, refusal by respondent No. 5, 6. Respondent No. 7, 8, 9, are residing out of the country. respondent No. 16 refusal, respondent No. 15 not residing in the village,, respondent No. 11, 12, 13 not found in the house. Counsel for the applicants is directed to furnish the correct address of the respondents who are residing out of country so that case may be proceed further. Case be put up on 09.01.2013 for furnishing above motioned correct address. ”
[4] The ex parte proceedings agaainst the petitioners were carried out on the basis of Munadi, which is evident from the order dated 23.05.2013 (Annexure P-4) passed by the Assistant Collector, First Grade, Baba Bakala, District Amritsar.
[5] By way of the present writ petition, the petitioners challenge the partition proceedings, claiming that the same being at his back, are liable to be annulled.
[6] Ms. Thind, counsel for respondent Nos.3 to 5, though is not in a position to dispute the service reports, but submits that there is no document placed on record by the petitioners to show that they were indeed out of the country on the relevant dates. She further submits that, in terms of Section 20(3), Munadi is the prescribed mode of service. Thus, no fault can be found with the ex parte proceedings conducted against the petitioners.
[7] I have heard counsel for the parties and have carefully gone through records of the case.
[8] Section 20 of the Punjab Land Revenue Act, 1887, does prescribe Munadi as a mode of service,, but not in a case where it has already been reported that the necessary parties are not residing in the country. Once it was brought to the notice of the Revenue Authorities that co-sharers were residing outside the country, the proper course was to ask the applicants to furnish correct addresses of the respondents and not to rely upon the Munadi conducted in the village to proceed against them ex parte.
[9] In view of above, this Court finds that the Appellate as well as the Revisional Authorities failed to appreciate the fact that the petitioners at the time of Munadi were not even in the country and thus, service through Munadi on them cannot be deemed to be correct service.
[10] In view of above, this Court finds that all the proceedings conducted at the back of the petitioners cannot be sustained and the same deserves to be set aside.
[11] The matter is remanded back to the learned Assistant Collector, First Grade, Baba Bakala, District Amritsar, to decide afresh.
[12] The parties shall appear before the concerned Officer on 01.09.2026.
[13] The Assistant Collector, First Grade, Baba Bakala, District Amritsar, shall make an endeavour to decide the partition application expeditiously, preferably within a period of 12 months.
[14] The present writ petition is accordingly disposed off in the above terms.
[15] All pending miscellaneous application(s), if any, stand disposed off.