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Judgment
Paramjeet Singh, J.
C.M. No. 15159 of 2011
Application is allowed, subject to all just exceptions.
Affidavit of Gurnam Singh-petitioner is taken on record.
CWP No. 11846 of 2010
The instant writ petition has been filed for setting aside order dated 29.11.2007 (Annexure P-2) passed by D.R.O-cum-Asstt. Collector Ist Grade, Nawanshahar, order dated 29.09.2008 (Annexure P-3) passed by learned Sub-Divisional Magistrate-cum-Collector, Nawanshahar, order dated 19.11.2009 (Annexure P-4) passed by the learned Asstt. Commissioner (Appeals), Jalandhar and order dated 31.03.2010 (Annexure P-5) passed by the Financial Commissioner (AH), Punjab in the partition proceedings.
Learned counsel for the parties state that only dispute is with regard to Khasra No. 35//21/1/1 measuring 4 marlas. Learned counsel for respondents No. 3 and 4 has made a specific offer that they are ready to leave this number to the extent of 4 Marlas, if the petitioner is ready to give equivalent land from Khasra No. 34//23/2/2, adjoining to the takk of respondents No. 3 and 4. This offer is acceptable to the petitioners. Learned counsel for the petitioners state that petitioners have no dispute with other private respondents.
In view of the affidavit of petitioners placed on record and statement of the learned counsel for respondents No. 3 and 4, parties are directed to exchange the khasra numbers accordingly.
The present writ petition is disposed of with a direction to the Asstt. Collector Ist Grade to effect changes in Naksha ''Bey'' accordingly and also amend Naksha Jeem and instrument of partition in view of the affidavit of petitioners and statement of learned counsel for respondents No. 3 and 4.