Ajaib Singh v. Mai Issari Dharamshala Prabandhak Committee
2003-02-19
V.N.OJHA
body2003
DigiLaw.ai
ORDER V.N. Ojha, FC. - This is a revision petition filed against the order of Addl. Commissioner (Appeals), Patiala Division, dated 9.8.2000 and order passed by the Collector, Sub-Division, Fatehgarh Sahib dated 2.7.1988 whereby the orders of Assistant Collector IInd Grade Bassi Pathana dated 28.7.1997 have been set aside in case of correction of Khasra Girdawri. 2. The brief facts of the case are that Mai Issari Dharamshala Prabandhak Committee of village Nandpur, Tehsil Bassi Pathana, District Fatehgarh Sahib (hereinafter referred to as the Committee) filed an application before the A.C. IInd Grade for correction of Khasra Girdawri of land measuring 6 Kanal 12 Marlas from the crop Hari 1997 onwards. The A.C. IInd Grade rejected the application after inspecting the spot and held that the Committee is not in possession of the land in dispute. Against the order dated 28.7.1997 of the A.C. IInd Grade, the Committee filed an appeal before the Collector Sub Division, Fatehgarh Sahib, who vide his order dated 2.7.1988 accepted the appeal and set aside the order of the A.C. IInd Grade. Against the order of the Collector, Ajaib Singh present petitioner filed an appeal before the Additional Commissioner (Appeals), Patiala Division, who vide his order dated 9.8.2000 dismissed the same. Dissatisfied with the orders of the Additional Commissioner (Appeals), Patiala Division, Ajaib Singh filed the present revision petition. 3. The ld. counsel for the petitioner argued that the petitioner is in possession of the disputed land. The A.C. IInd Grade after visiting the spot also held the petitioner in possession and rightly rejected the application for correction of Khasra girdawri filed by the Committee. He further argued that the civil court had already held the possession of the petitioner over the land in dispute and accordingly, Halqa Patwari had given note in Jamabandi. Counsel for the petitioner also tendered a copy of the Jamabandi for the year 1999-2000 in which possession of Ajaib Singh son of Arjan Singh has been shown. He further contended that since the entries regarding the possession had been made in Jamabandi, the revenue officers have no powers to change the same. Only the civil Court had jurisdiction in this regard but the civil court had already adjudicated the matter in favour of the petitioner. 4. The ld.
He further contended that since the entries regarding the possession had been made in Jamabandi, the revenue officers have no powers to change the same. Only the civil Court had jurisdiction in this regard but the civil court had already adjudicated the matter in favour of the petitioner. 4. The ld. counsel for the respondent argued that the Collector has rightly held the possession of the Committee on the land in dispute as Mikha Singh was cultivating the land on behalf of the Committee. The Additional Commissioner (A), Patiala Division has rightly upheld the order of the Collector. So far as the civil decision is concerned, the Committee was not a party in that case. Only the Gram Panchayat was contesting against Ajaib Singh. Counsel further stated that the entries in Jamabandi in the name of Ajaib Singh make no difference. He further prayed that the revision petition may be rejected. 5. I have heard the arguments of both counsel at length and also gone through the orders of the lower Revenue Courts carefully. I am inclined to agree with the arguments advanced by the counsel for the petitioner. The contention of the counsel for the petitioner is tenable that entries of Jamabandi for the year 1999-2000 show the possession of Ajaib Singh. Counsel for the respondent could not rebut the contentions of the counsel for the petitioner and could not present any documentary evidence to show the possession of the Committee. The Civil Court had also held that possession of Ajaib Singh on the land in dispute. In view of the above circumstances, the revision peition is accepted and the orders of the Additional Commissioner (Appeals), Patiala Division/Collector, Sub-Division Fatehgarh Sahib are hereby set aside. Announced. Revision allowed.