Raghubir Singh v. Naib Tehsildar-Cum-Assistant Collector, 1st Grade And ANR

CWP-16229-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16229-2017 Date of Decision: November 21, 2023 Raghubir Singh ......Petitioner

Versus

Naib Tehsildar-cum-Assistant Collector and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Sandeep Arora, Advocate for the petitioner.

Ms.Akshita Chauhan, Deputy Advocate General, Punjab. Mr.Vaneet Thakur, Advocate for Mr.Arun Takhi, Advocate for respondent No.2.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioner has approached this Court praying for quashing of impugned order dated 18.04.2017 passed by learned Naib Tehsildar-cumAssistant Collector, Ist Grade, Mahilpur, Annexure P-8, ordering partition of the joint land between the petitioner and his brother Balbir Singh (respondent No.2) under the provisions of Section 111 of the Punjab Land Revenue Act, 1887 being void, illegal against law and facts as well as against the provisions of natural justice. It is further prayed that case be remanded to the learned Naib Tehsildar-cum-Assistant Collector, Ist Grade, Mahilpur for passing fresh order in the light of objections made by the petitioner in the proposed partition mode. It is also prayed that during pendency of the writ petition further proceedings before respondent No.1 Naib Tehsildar-cum-Assistant Collector, Ist Grade, Mahilpur, be stayed. MEENU 2023.11.23 12:21 I attest to the accuracy and integrity of this order/judgment

CWP-16229-2017 -2Counsel for the petitioner has confirmed that compromise has been arrived at between both the parties. He has placed on record written compromise, dated 14.03.2019. The same is taken on record. He fairly submits that conditions of the compromise are already incorporated in the compromise. He submits that respondent No.2 so far has not complied with condition No.2 as he was to fill the pits which have not been filled. Counsel appearing for respondent No.2 submits that if condition No.2 has not been complied with so far, the same would also be complied with.

Both the counsels confirmed the compromise arrived at between the parties.

In view of the above, the present petition is disposed of. However, parties would be at liberty to pursue their remedies in case any further cause of action accrues to them.

November 21, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.11.23 12:21 I attest to the accuracy and integrity of this order/judgment