Rajan Gupta, J. (oral)
On the last date of hearing, following order was passed in this case:-
“According to learned counsel for the petitioner as well as counsel for private respondents, dispute has been amicably settled. In terms thereof, parties have entered into compromise. However, rapat roznamcha has not been entered by the concerned authority. In order to finally bury the hatchet, it will be necessary if entries are made in rapat roznamcha. Learned State counsel prays for some time to seek instructions. He may seek instructions from respondent No. 2 and apprise the court. In the eventuality, proper instructions are not supplied to learned State counsel before the next date of hearing, Deputy Commissioner, Ferozepur shall remain present in court alongwith record.
Adjourned to 1.5.2014
Copy of this order be handed over to learned State counsel under the signatures of Bench Secretary.
To be shown in the urgent cause list.”
Mr. V. Ramswaroop, Addl. Advocate General, Punjab today seeks to place on record affidavit of Manjit Singh Narang, IAS, Deputy Commissioner, Ferozepur. He refers to para 3 thereof, which reads thus:-
“3. That on the basis of this Compromise/Affidavit, Mutation No. 4561 dated 22.4.2014 has also been entered. However, it has been seen that this Compromise/Affidavit is not signed by Baba Subeg Singh, Darshan Lal and LRs of Balwinder Singh, co-sharers. Without the signatures of all the co-sharers on the Compromise Deed/Affidavit, the Mutation of partition cannot be sanctioned. As and when all the parties will appear before the Assistant Collector, the mutation regarding partition will be sanctioned. It may also be mentioned that some LRs of Balwinder Singh, co-sharer, reside in Uttar Pradesh.”
In view of the affidavit filed by the deponent, learned counsel for petitioner submits that the petition has been rendered infructuous.
In view of statement made by learned counsel for the petitioner, this petition is dismissed as having been rendered infructuous.
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