Balwinder Singh v. Financial Commission Punjab Civil Secretariat Punjab And Others

following order was passed by this Court:- "

2.1 Subsequently on 12.05.2025, the following order was passed:- "Learned senior counsel representing respondents No.5 and 6 submits that respondents No.5 and 6 are the only contesting respondents and they would be ready and willing to exchange their land with the land comprised in Rectangle No.9, Killa No.5, wherein the petitioner has raised construction of his house. He submits that the matter be sent to the Mediation and Conciliation Centre of this Court to work out the modalities of the amicable settlement between them.

List on 23.05.2025.

Parties are directed to appear before the Mediation and Conciliation Centre of this Court on 16.05.2025. Interim order to continue till the next date of hearing only.

To be taken up immediately after the Urgent List." 2.4 Today, learned counsel for the petitioner has submitted that some more area is required to be exchanged and if the same is not acceptable to respondents No.5 and 6 then any appropriate order may be passed in this matter.

3.

Heard.

4.

In the instant case, notice was issued only to the limited extent of exploring the possibilities of amicable settlement between the parties as regards the exchange of land comprised in Rectangle No.9, Killa No.5, where the petitioner claims to have constructed his house, in lieu of the land comprised in Rectangle No.9, Killa No.6 or any other adjoining area. It is not disputed before this Court that the area comprised in Rectangle No.9, Killa No.5 stands allocated to respondents No.5 and 6, who have agreed to exchange the land with the petitioner; however, the submission made by learned counsel for the petitioner that any appropriate order be passed in this case, is not appreciated. It appears that the sole aim of petitioner is to somehow prolong the partition proceedings, which cannot be permitted in law.

5.

Keeping in view the totality of circumstances and considering the fact that the petitioner had confined his prayer only to the extent of exchanging the area comprised in Rectangle No.9, Killa 5, wherein he is stated to have constructed his house, with the area comprised in Rectangle No.9, Killa No.6 (which stands allotted to respondents No.5 and 6) and they have readily agreed for such exchange and even submitted a Site Plan indicating the proposal as regards the same; the present writ petition is disposed of with a direction to the concerned revenue authority to carry out necessary changes in Sanad Taksim and all the other relevant documents by allocating the house constructed by the petitioner in Rectangle No.9, Killa No.5, in the kurra (block) of petitioner and an equivalent area falling under the constructed house be given to respondents No.5 and 6 in their kurra (block) out of Rectangle No.9, Killa No.6. In order to effect the aforesaid changes, the concerned Tehsildar shall carry out demarcation of the area, wherein the construction of house has been raised by the petitioner in

Rectangle No.9, Killa No.5, in the presence of all the concerned parties, and an equivalent area be given to respondents No.5 and 6 out of the land comprised in Rectangle No.9, Killa No.6.

5.1 It goes without saying that any consequential changes in partition papers/Sanad Taksim be also carried out as per law and amended Sanad Taksim (Instrument of Partition) be prepared. 6.

The present writ petition is disposed of in the aforestated terms. 7.

All pending application(s), if any, shall also stand closed.