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2010 DIGILAW 1637 (PNJ)

Daljit Singh v. Amrik Singh

2010-05-11

ROMILA DUBEY

body2010
ORDER Romila Dubey, I.A.S. - This revision petition is under section 16 of the Punjab Land Revenue Act, 1887 against the order dated 1.4.09 of Commissioner Patiala Division, Patiala. 2. Facts in brief of this case are that Amrik Singh the present respondent filed an application for the correction of Khasra girdawari of the land situated in village Assi Kalan as fully described in the order dated 14.6.07 of A.C.II A.C.II after visiting the spot, ordered the correction of Khasra girdwari in the name of respondent Amrik Singh s/o Bakshish Singh from Sauni 2007. Aggrieved by this order, Present petitioners filed an appeal before the SDM-cum-Collector Ludhiana(East) mainly on the ground that the land is joint Khata and a partition case is pending. The Collector after hearing both the parties vide his order dated 29.10.2007 accepted the appeal, set aside the order dated 14.6.07 of A.C.II Dehlon and ordered to adjourn the Khasra girdawari case till the decision of partition case. Amrik Singh challenged this order before Commissioner by filling an appeal which was accepted on 1.1.2009 and the order dated 29.10.2007 of Collector was set aside. Hence the present revision. 3. On the last date of hearing counsel for the petitioner reiterated the grounds taken in the revision petition and argued that Commissioner has wrongly accepted the revision because a partition case is pending before the A.C. II Ludhiana and the land in dispute is joint khata because the petitioners and respondent are brothers. On the other hand counsel for the respondent argued that orders of Commissioner are well reasoned and the khasra girdawari is to be made or corrected on the basis of possession of the parties and A.C.II ordered the correction of khasra girdawari after visiting the spot and verifying the possession of the respondent on the land in dispute. Counsel further argued that khasra girdawari proceedings can not be adjourned sine-die because the possession of the parties is to be seen at the particular point of time. Counsel for the respondent also filed written arguments. Orders in this case were reserved on 16.3.2010 with liberty to counsel for petitioner to file written arguments. However, no written arguments have been filed by counsel for the petitioner. Today the case is fixed for announcement of orders. 4. Counsel for the respondent also filed written arguments. Orders in this case were reserved on 16.3.2010 with liberty to counsel for petitioner to file written arguments. However, no written arguments have been filed by counsel for the petitioner. Today the case is fixed for announcement of orders. 4. I have given thoughtful consideration to the written arguments propounded by counsel for the petitioners, revision petition as well as orders and record of the lower courts. I have carefully perused written arguments filed by counsel for the respondent. Though for the correction of khasra girdawari only cultivating possession of the parties is to be seen at a particular point of time, which can be verified by spot inspection; in the instant case A.C.II ordered the correction of khasra girdawari on 14.6.07 during the pendency of partition case of land in dispute which was decided on 9.4.09. by A.C.I and revision petition No. RR 6/2010 is pending before the Commissioner Patiala Division, Patiala. It is obvious that respondent Amrik Singh filed application for correction of khasra girdawari only to strengthen his case in the partition matter. In my considered view during the pendency of partition proceedings, it is not advisable to change khasra girdawari of land in dispute in favour of particular share holders which will lead to multiplicity of litigation. In my considered view order dated 29.10.07 of Collector Ludhiana are well reasoned and the Commissioner has erred in his judgement while reversing the same. I, therefore accept the present revision petition, uphold order dated 29.10.07 of Collector and set aside order dated 1.4.09 of Commissioner. .