IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision: May 23, 2011 1. Civil Writ Petition No.19761 of 2009 (O & M) Naziran & another .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . 2. Civil Writ Petition No.19763 of 2009 Sabri & another .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. G.S. Bhatia, Advocate, for the petitioners. Mr. G.S. Attariwala, Additional Advocate General, Punjab, for respondent Nos.1 to 5. Mr. R.S. Chauhan, Advocate, for respondent Nos.6 to 10 and 12 to 18. None for respondent Nos.11 and 19. CWP No.19761 of 2011 [2] . . . AJAI LAMBA, J (Oral) 1. This shall dispose of Civil Writ Petition No.19761 of 2009 titled ‘Naziran & another vs. State of Punjab & others’, and Civil Writ Petition No.19763 of 2009 titled ‘Sabri & another vs. State of Punjab & others’ as common questions of facts are involved. 2. For reference to facts, file of Civil Writ Petition No.19761 of 2009 titled ‘Naziran & another vs. State of Punjab & others’ is being taken. 3. Learned counsel for the petitioners has argued that Assistant Collector, 1st Grade, Malerkotla, in order dated 29.4.2005 (Annexure P-2), while considering the issue of partition, has recorded that petitioners (respondents before Assistant Collector, 1st Grade) got recorded their statement that parties have entered into agreement and as such, Naksha ‘B’ attached with the file may be accepted and they will have no objection. 2. Learned counsel contends that no such statement was given on behalf of the respondent (petitioners herein). No such statement exists on record. Under the circumstances, it transpires that order dated 29.4.2005 (Annexure P-2) is without any basis and is rendered illegal and liable to be quashed. 3. Appeal was carried which has been dismissed CWP No.19761 of 2011 [3] vide order dated 4.7.2005 (Annexure P-3). Petitioners carried revisions that have been dismissed vide order dated 1.8.2006 (Annexure P-4). Petitions filed before the Financial Commissioner under Section 16 of the Punjab Land Revenue Act, 1887 have also been dismissed vide order dated 15.7.2009 (Annexure P-6). 4. Learned counsel for the private respondents contends that let Assistant Collector, 1st Grade, Malerkotla, re-adjudicate the issue after verifying whether petitioners had given statement accepting the Naksha ‘B’ or not. 5. In view of the statement given by learned counsel for the private respondents, the petitions are allowed. Orders dated 29.4.2005 (Annexure P-2); 4.7.2005 (Annexure P-3); 1.8.2006 (Annexure P-4); and 15.7.2009 (Annexure P-6) are quashed. 6. Assistant Collector, 1st Grade, Malerkotla, is directed to re-address the issue and pass orders as per law. In case compromise between the parties is to be recorded, the same be recorded on the basis of statement of the parties or their representative(s). Statement needs to be taken under signatures. 7. Parties would appear before Assistant Collector, 1st Grade, Malkerkotla, on 20.6.2011. 8. Needful be done by 23.8.2011. (AJAI LAMBA) May 23, 2011 JUDGE avin CWP No.19761 of 2011 [4] 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?