2010 Supreme(P&H) 1525
PUNJAB & HARYANA HIGH COURT
Rajive Bhalla, J.
Mohinder Singh
Versus
State Of Punjab
Civil Writ Petition No. 18837 of 2007,
Decided On : APRIL 28, 2010
Headnote:
Jamabandi - Jurisdiction of Financial Commissioner - Punjab Land Revenue Act, 1887, Sections 11, 34, 36, 37, 44, 45 - The court discussed the jurisdiction of the Financial Commissioner to order corrections in a jamabandi under Section 11 of the Punjab Land Revenue Act, 1887. It highlighted the distinction between administrative powers and the powers conferred by Sections 31 to 45 of the Act, emphasizing that the latter provisions govern the alteration of entries in the record of rights. The court also referenced a Division Bench judgment to support its conclusion that the only remedy available to an aggrieved individual is to file a suit under Chapter VI of the Specific Relief Act, 1963, and that the Financial Commissioner cannot direct correction in the jamabandis.
Fact of the Case:
The petitioner sought the quashing of an order by the Financial Commissioner, Punjab, directing corrections in the jamabandies for certain years. The petitioner argued that the Financial Commissioner had no jurisdiction to order corrections in a jamabandi by resorting to administrative powers under Section 11 of the Punjab Land Revenue Act, 1887, without issuing a show cause notice or affording an opportunity of hearing.
Finding of the Court:
The court found that the Financial Commissioner had exceeded his jurisdiction in ordering corrections in the jamabandis under Section 11 of the Act, and that the only remedy available to an aggrieved individual is to file a suit under Chapter VI of the Specific Relief Act, 1963.
Issues: The main issue was the jurisdiction of the Financial Commissioner to order corrections in a jamabandi under Section 11 of the Punjab Land Revenue Act, 1887.
Ratio Decidendi: The court held that the Act does not confer statutory powers upon a revenue officer, including the Financial Commissioner, to unilaterally vary an entry recorded in the records of rights, other than by adopting the procedure prescribed by Chapter IV of the Act. It emphasized the distinction between administrative powers and the powers conferred by Sections 31 to 45 of the Act, and highlighted that the only remedy available to an aggrieved individual is to file a suit under Chapter VI of the Specific Relief Act, 1963.
Final Decision: The writ petition was allowed, the order dated 13.1.2005 was set aside, and the matter was remitted to the Financial Commissioner, Revenue, Punjab, Chandigarh, to consider the matter afresh in accordance with powers conferred by Section 16(1) of the Act, after affording an opportunity of hearing to the petitioner.
Rajive Bhalla, J.
1. The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 13.1.2005 (Annexure P-8), whereby the Financial Commissioner, Revenue, Punjab, Chandigarh, has ordered a correction in Column No. 5 of the jamabandies for the years 1978-79, 1981- 82, 1991-92, 1996-97 and 2001-02.
2. Counsel for the petitioner submits that the Financial Commissioner has no jurisdiction to order corrections in a jamabandi, by resort to administrative powers under Section 11 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as `the Act) and then also without issuing a show cause notice to the petitioner or affording him an opportunity of hearing. It is argued that a revenue officer, including the Financial Commissioner can only order correction of clerical errors in a jamabandi in accordance with powers conferred and the procedure prescribed by para 7.29 of Chapter VII of the Punjab Land Records Manual. The Financial Commissioner is a revenue officer and, therefore, has no jurisdiction to order correction of a jambandi by resort to administrative powers conferred by Section 11 of the Act.
3. Counsel for respondent No. 2, submits that the petitioner got entries changed by colluding with the revenue staff from "gair marusi" to Muzariaan and then to "allottiaan" and "Mushtriaan". The illegal entries were brought to the notice of the Financial Commissioner, who directed the Additional Secretary, Revenue to hold an enquiry. The enquiry established grave manipulations in the jamabandis thus, conferring jurisdiction upon the Financial Commissioner to pass an order under Section 11 of the Act.
4. I have heard counsel for the parties, perused the provisions of the Punjab Land Revenue Act, 1887 and paras 7.29 and 7.30 of Chapter VII of the Punjab Land Records Manual. 5-6. The Financial Commissioner directed the Additional Secretary, Revenue, to hold an enquiry into certain revenue entries recorded in favour of the petitioner. The Additional Secretary submitted a report that entries in the jamabandi were changed from "allottiaan" to "Muzariaan" and to "Gair Marusi" etc. in connivance with revenue staff. The Financial Commissioner, by resort to his administrative powers under Section 11 of the Act, ordered that Column No. 5 of the jamabandis for the years 1978-79, 1981-82, 1991-92, 1996-97 and 2001-02 shall reflect the status of the petitioner as recorded in the jamabandi for the year 1973-74. Chapter IV of the Act,bears the title "Records" :-
"Records of Rights and Annual Records". Chapter IV of the Act confers power upon revenue officers to prepare the record of rights for a revenue estate and also sets out, amongst others, the contents of record-of- rights, the procedure for its preparation and special revision of record of rights, annual records, determination of disputes during the making, revision or preparation of any record or in the course of any enquiry under Chapter IV and restrictions on variation of entries in the record of rights. Sections 34, 36 and 37 of the Act read as follows :-
"34. Making of that part of the annual record which relates to land-owners, assignees of revenue and occupancy tenants - (1) Any person acquiring by inheritance, purchase, mortgage, or otherwise, any right in an estate as a landowner, assignee of land-revenue or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate
(2) If the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the patwari.
(3) The patwari shall enter in his register of mutations every report made to him under sub-section (1) or subsection (2) and shall also make an entry therein respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place and of which a report should have been made to him under one or other of those sub-sections an