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2005 DIGILAW 961 (PNJ)

Karaj Singh v. Amrik Singh

2005-09-07

RUPAN DEOL BAJAJ

body2005
JUDGMENT Rupan Deol Bajaj, FC. - I have gone through the ROR and papers on record and heard the counsel. The petitioner has filed an application dated 23.2.2004 before A.C.-II Grade-cum-Naib Tehsildar, Jhabal Kalan for correction of khasra girdawari. In para 1 thereof he states, that respondents and the petitioner have divided property mentioned in the head note in the year 1986 amongst themselves and now are in possession and cultivating their portion separately and have built their houses and got motor connection etc. However, on 3.3.2004 Sh. Amrik Singh has put in an application for partition of the land and that proceedings of the partition are continuing and in the MOP there is clause-iii that the land should be partitioned by keeping the possession in-tact as well as based on the principle of settlement. I have gone through the order of A.C.-II Grade, Collector and the Commissioner. Since the partition proceedings have commenced and the principle of possession to be kept intact had been prayed for in the partition application, I see no reason to start separate proceedings of khasra girdawari. The orders of A.C.-II and the Commissioner appears quite rational and are based on sound reasoning. It is correct that application for the change of khasra girdwari cannot be entertained after the start of partition proceedings, but it does not mean that an application for change of khasra girdawari filed one week ago should continue in tandem with the partition proceedings creating further litigation. Dismissed in limine. Announced. Petition dismissed.