Allowed

Girdhari Lal v. State of Punjab and Ors.

Punjab & Haryana HC6 Jan 2012CWP/10514/2011

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana allowed Civil Writ Petition directing revenue authorities to restore the jamabandi cultivation column for 2004-05 to its pre-order state, annulling entries made based on a Collector order that had been set aside by superior courts.

What did the court decide?

The respondent authorities directed to restore the position of the cultivation column in the jamabandi for the year 2004-05 as it was existing on the date of filing of the application.

Girdhari Lal Vs State of Punjab and Ors. — Partition | Punjab & Haryana HC (2012)

¶1

C.W.P. No. 10514 of 2011

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

C.W.P. No. 10514 of 2011 (O&M) Date of Decision: January 06, 2012

Girdhari Lal

..Petitioner

Versus

State of Punjab and others.

¶9

...Respondents

¶10

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH.

¶11

Present: Mr. K.S. Cheema, Advocate, for the petitioner.

¶12

Mr. P.C. Goyal, Addl. A.G., Punjab, for respondent Nos. 1 to 4.

¶13

Mr. A.P.S. Shergill, Advocate, for respondent Nos. 5 to 7.

¶14

Mr. Gourave Bhayyia, Advocate, for respondent No.8.

¶15

Paramjeet Singh, J.

¶16

C.M. No. 214 of 2012

¶17

Civil Misc. application is allowed subject. Reply on behalf of respondent Nos. 5 to 7 is taken on record.

¶18

C.W.P. No. 10514 of 2011

¶19

The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for directing the official respondents to correctly incorporate in the revenue record the orders passed by respondent Nos. 2 to 4 on the application of respondent Nos. 5

¶20

C.W.P. No. 10514 of 2011

¶21

¶22

to 7 for correction of Khasra Girdawari.

¶23

Brief facts of the case are that land measuring 100 kanals situated in Village Chak Harnoli was allotted to late Amar Nath son of Milkhi Ram vide sale certificate dated 07.01.1984. Accordingly, mutation No. 1839 was sanctioned in the name of late Amar Nath. The said allottee Amar Nath sold the land to late Sh. Ishar Dass son of Bhula Ram, resident of Village Chatha, District Jammu (J&K) vide registered sale deed dated 26.09.1984. Mutation No. 1847 was sanctioned in favour of Ishar Dass on the basis of sale deed. The said Ishar Dass was recorded as owner in possession of the land so purchased till his death. Ishar Dass died on 30.03.1993. On the demise of said Ishwar Dass, the land in dispute was inherited by the petitioner on the basis of Will and mutation No. 2340 of inheritance of Ishar Dass was sanctioned vide order dated 21.10.2003. Since then, the petitioner has been recorded as owner in possession of the land in dispute in the revenue record.

¶24

Respondent Nos. 5 to 7 moved an application for correction of Khasra Girdawari from Sauni 1995 till date (as mentioned in the application for correction of Khasra girdawari). However, the Assistant Collector 2^nd Grade dismissed the application for correction of khasra Girdawari vide order dated 10.01.2003 (Annexure P/1). Respondent Nos. 5 to 7 filed an appeal before the Collector. The Collector accepted the appeal vide order dated 12.05.2003 (Annexure P/2) and ordered that khasra girdawari entries be corrected in the name of respondent Nos. 5 to 7. Thereafter, the petitioner preferred an appeal before the Commissioner challenging order dated 12.05.2003 (Annexure P/2) passed by the

¶25

C.W.P. No. 10514 of 2011 3

¶26

Collector. The order of the Collector was set aside by the Commissioner vide order dated 16.12.2004 (Annexure P/3) and remanded the case to the Collector for fresh decision after affording opportunity of hearing to the petitioner to lead evidence. After remand, the Collector has dismissed the appeal filed by respondent Nos. 5 to 7 vide order dated 29.06.2006. Thereafter respondent Nos. 5 to 7 filed revision petition before the Commissioner. The Commissioner vide order dated 10.10.2007, again remanded the case to the Assistant Collector 2^nd Grade with a direction to afford due opportunities to the parties to lead evidence and also to inspect the site and then pass a fresh order.

¶27

After remand, the Assistant Collector 2^nd Grade, vide order dated 15.04.2008 (Annexure P/5) held that the suit land is in possession of the petitioner – Girdhari Lal son of late Ishar Dass. Respondent Nos. 5 to 7 preferred an appeal before the Collector and the Collector again remanded the case to the Assistant Collector 2^nd Grade and order dated 15.04.2008 was set aside vide order dated 19.02.2009 (Annexure P/6). When after remand, the case was pending before the Assistant Collector 2^nd Grade, order dated 12.01.2009 passed by Civil Judge (Junior Division), Hoshiarpur was brought on record whereby Civil Judge ordered the parties to maintain status quo regarding the possession and alienation of the property in question, as a consequence of which, the Assistant Collector 2^nd Grade had stayed the proceedings and adjourned the application for correction of khasra girdawari entries sine die. Hence, writ petition.

¶28

The contesting respondents filed reply to the writ petition. I have heard the learned counsel for the parties and have

¶29

C.W.P. No. 10514 of 2011

¶30

¶31

perused the record.

¶32

The case of the petitioner is that order dated 12.05.2003 (Annexure P/2) passed by the Collector was got incorporated in the jamabandi, although the said order had been set aside. Learned counsel for the petitioner has relied upon a judgment of this Court in the case of Ram Kumar Agarwal and another vs. Thawar Das (dead) through LRs. reported in 1999(2) Civil and Rent Judicial Reports, 459. The judgment specifically says that the entry in the revenue record does not confer any title and entry in the khasra girdawari is rebuttable. In the present case, the petitioner is aggrieved by the entry which has come into jamabandi for the year 2004-05 in the cultivation column as a result of order of Collector dated 12.05.2003 (Annexure P/2).

¶33

Admittedly, Ishar Dass, predecessor-in-interest of the petitioner, had purchased the land vide sale deed dated 26.09.1984 and mutation No. 1847 had been sanctioned in the name of Ishar Dass, who expired on 30.03.1993. Thereafter, the property has come to the petitioner and mutation of inheritance has been recorded. Admittedly, the khasra girdawari was in the name of Ishar Dass, thereafter, in the name of his LRs. After the demise of the Ishar Dass, property will come to the petitioner in view of the Will/Inheritance. It is also admitted fact that respondent Nos. 5 to 7 have filed an application for correction of khasra girdawari. Assistant Collector 2^nd Grade dismissed their application vide order dated 10.01.2003 (Annexure P/1). However, the Collector vide order dated 12.05.2003 (Annexure P/2) set aside order dated 10.01.2003 of the Assistant Collector 2^nd Grade and ordered correction of the khasra

¶34

C.W.P. No. 10514 of 2011 5

¶35

girdawari entries in the name of respondent Nos. 5 to 7. In pursuance to order dated 12.05.2003 (Annexure P/2), the entry has come in the cultivation column in the jamabandi for the year 2004-05 (Annexure P/10), although, the translation version of the jamabandi does not describe the correct columns. Perusal of vernacular of jamabandi for the year 200405 makes it clear that entry has come in the name of respondent Nos. 5 to 7 on the basis of order dated 12.05.2003 (Annexure P/2). It is important to note that order dated 12.05.2003 has been set aside by the Commissioner vide order dated 16.12.2004 (Annexure P/3) and the case was remanded to the Collector. Again, the matter came in revision before the Commissioner and vide order dated 10.10.2007 (Annexure P/4), the matter was again remanded before the Assistant Collector 2^nd Grade. Again, the Assistant Collector 2^nd Grade vide order dated 15.04.2008 (Annexure P/5) held that Girdhari Lal, petitioner is in possession. Again, the matter was remanded to the Assistant Collector 2^nd Grade by the Collector vide order dated 19.02.2009 (Annexure P/6). When the case was referred back to the Assistant Collector 2^nd Grade, then vide order dated 17.06.2009 (Annexure P/7), the Assistant Collector 2^nd Grade has recorded a finding that in view of status quo order passed by the Civil Judge (Junior Division) on 12.01.2009, proceedings for correction of khasra girdawari cannot proceed, as a result of which, case has been adjourned sine die.

¶36

It is settled principle of law that if for want of stay in appeal an order is executed and the same is ultimately set aside by the superior Court, the Court is required to restitute the subject matter of dispute to its original position. An order executed for want of stay from superior Court

¶37

C.W.P. No. 10514 of 2011 6

¶38

will not make the appeal as infructuous. It is to be decided on merit and consequences will follow. (See: Ram Kumar Agarwal and another vs. Thawar Das (dead) through LRs. reported in 1999(2) Civil and Rent Judicial Reports, 459 (S.C.)

¶39

The net result of all the litigation before the revenue authorities is that the entry made in the cultivation column of jamabandi for the year 2004-05 on the basis of order of Collector dated 12.05.2003 (Annexure P/2) which has been set aside, can not sustain since there is no order for correction of khasra girdawari.

¶40

The revenue authorities are directed to restore the position of the cultivation column in the jamabandi for the year 2004-05 as it was existing on the date of filing of the application for correction of khasra Girdawari.

¶41

In view of the above, present petition is allowed.

¶42

No costs.

¶43

January 06, 2012 ( Paramjeet Singh ) vkd Judge

Girdhari Lal v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Girdhari Lal v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sudarshan Kumar and Ors. Vs State of Punjab and Anr.(Allowed on 5.1.2012)

Rakesh Bhargava & Anr. Vs Satpal Jindal

Sawinder Singh Vs State of Punjab & Ors.

Sarabjit Singh Paras Vs State of Punjab

Jagtar Singh & Ors. Vs Div. Commissioner, Patiala & Ors.

Raghbir Singh and Anr. Vs State of Punjab and Ors.