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2003 DIGILAW 1506 (PNJ)

Prem Chand v. Gram Panchayat, village Bhat Majra

2003-11-03

R.P.S.PAWAR

body2003
ORDER R.P.S. Pawar, FC. - The present revision petition has been preferred against the order dated 25.7.2002 of Commissioner, Patiala Division, Patiala and as well as the order dated 27.5.1998 of Collector Sub Division Fatehgarh Sahib. 2. It transpires that mutation No. 637 of Village Bhatmajra was sanctioned by A.C. IInd Grade on the basis of the order of Additional Director Consolidation, Punjab, Mohali dated 25.10.1995. When that order was challenged in appeal, the Collector accepted the appeal and rejected the mutation. The order of the Collector was also upheld by the Divisional Commissioner. Hence this revision petition. 3. I have listened to the counsel for the petitioner at the initial stage and have also perused the record. The mutation about change of ownership became contested, the moment appeal was preferred against the order A.C. IInd Grade dated 30.10.1995. The appropriate course of action for Collector Sub-Division would have been to declare it as contested and remand it to A.C. Ist Grade so as to grant opportunity to the concerned parties to lead their evidence both documentary and as well as oral before deciding the mutation. It appears that this course of action was neither adopted at the level of Collector nor at the level of the Divisional Commissioner. This has resulted in grave miscarriage of justice as the case has been decided without giving adequate opportunity to both of them and also in the absence of relevant evidence. Accordingly the appeal is accepted in limine the order of the lower revenue officers are set aside and the case is remanded to A.C. Ist Grade, Sub Division Fatehgarh Sahib with the direction to grant opportunity to both the parties to lead their evidence and to re-decide the whole issue afresh as a contested mutation. With the above observations the party present has been advised to appear before SDM cum AC Ist Grade, Fatehgarh Sahib on 20.11.2003. To be communicated. Appeal allowed.