PARGAT SINGH Vs. FINANCIAL COMMISSIONER (REVENUE) AND ORS.

JUDGEMENT

(1.) MR . Arihant Jain, learned Counsel for the Petitioner, has fairly stated that the Petitioner shall appear before the Assistant Collector Ist Grade, Patti, pursuant to the remand order dated 12.10.2010 (Annexure P/11), however, Assistant Collector Ist Grade, Patti, be directed to decide the partition proceedings within such time, as fixed by this Court. Mr. Jain further states that if decree or judgment is set -aside, restitution of possession is justified, however, since the matter was only remanded, their possession should not be disturbed till Assistant Collector Ist Grade, Patti, takes decision afresh, after the remand order. Mr. Jain fairly undertakes that if Assistant Collector Ist Grade, Patti, takes different decision requiring the exchange of possession, the Petitioner shall hand -over possession as per the final verdict of Assistant Collector Ist Grade, Patti, within 15 days thereafter, and shall not object to exchange of possession, pursuant to the judgment passed by Assistant Collector Ist Grade, Patti, after the remand.

(2.) IN view of the statement of Mr. Jain, learned Counsel for the Petitioner, present petition is disposed of with a direction to the Assistant Collector Ist Grade, Patti, to decide the case as early as possible, preferably within 6 months from the date certified copy of this order is placed before him, at its own merit, in accordance with law after hearing both the parties. It is made clear that if exchange of possession is required as per order of Assistant Collector Ist Grade, Patti, Petitioner shall hand -over/exchange possession as per directions of Assistant Collector Ist Grade, Patti, within 15 days thereafter.