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1996 Supreme(P&H) 1757

PUNJAB & HARYANA HIGH COURT
R.L.Anand, J.
Joginder Singh
Versus
Director, Consolidation Of Holdings
Civil Writ Petition No. 3516 of 1980,
Decided On : NOVEMBER 29, 1996

The Consolidation Authorities have the power to correct clerical or arithmetical mistakes in the revenue records at any time, either on their own motion or on the application of any of the parties.

Headnote:

EAST PUNJAB HOLDINGS (CONSOLIDATION & PREVENTION OF FRAGMENTATION) ACT - SECTION 42, 43-A - CORRECTION OF CLERICAL OR ARITHMETICAL MISTAKE - LIMITATION - REVISION - PARTITION PROCEEDINGS - RELEVANCE:

Fact of the Case:

Petitioners challenged the orders passed by the Consolidation Authorities correcting clerical mistakes in the revenue records, arguing that the orders were passed after a lapse of time and after the partition proceedings were completed.

Finding of the Court:

The Court held that the Consolidation Authorities had the power to correct clerical or arithmetical mistakes in the revenue records at any time, either on their own motion or on the application of any of the parties. The Court further held that the partition proceedings, which were based on the incorrect revenue records, could not convey a better status upon the petitioners than the one determined by the Consolidation Authorities.

Issues: 1. Whether the Consolidation Authorities had the power to correct clerical or arithmetical mistakes in the revenue records after a lapse of time and after the partition proceedings were completed? 2. Whether the partition proceedings, which were based on the incorrect revenue records, could convey a better status upon the petitioners than the one determined by the Consolidation Authorities?

Ratio Decidendi: 1. Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act does not provide any limitation for filing a petition for correction of clerical or arithmetical mistakes. 2. The partition proceedings, which were based on the incorrect revenue records, could not convey a better status upon the petitioners than the one determined by the Consolidation Authorities.

Final Decision: The Court dismissed the petition, holding that the Consolidation Authorities had the power to correct the clerical mistakes and that the partition proceedings could not convey a better status upon the petitioners.

Judgment

R.L.Anand, J.

1. The petitioners have filed the present petition under Articles 226/227 of the Constitution of India for quashing the impugned orders, i.e., Annexure P1 dated 18.10.1978, Annexure P2 dated 21.7.1979 and Annexure P3 dated 7.8.1980 passed by the official respondents Nos. 1 and 2 and against respondents Nos. 3 to 18 private respondents.

2. It has been alleged by the petitioners that they and respondents Nos. 3 to 18 are the residents of village Kotli Ablu, Tehsil Muktsar, District Faridkot. Consolidation operations took place in the village during the year 1961-62 and parties were settled on their new holdings carved out during the consolidation operations. After the consolidation operations and upto the passing of the impugned orders no person was either aggrieved from any order or entry or went in appeal Under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act (for short the Act). Later on respondents Nos. 3 to 18 filed two petitions Under Section 42 of the Act before respondent No. 1 and the same were decided vide order dated 18.10.1978 (Annexure P1). The private respondents prayed in the said petitions that in the Jamabandi for the year 1955-56 Khewat No. 543, Khatauni Nos. 2000 to 2007, Sar hri Karam Singh, Angrez Singh, Lal Singh, Mukhtiar Singh thers were shown as owners, whereas in the column of cultivation Sar hri Sadhu Singh, Karnail Kaur and Nazar Singh, co-owners, have been shown as donors while Karam Singh thers aforesaid were shown as donees and there being a clerical mistake which needed to be corrected Under Section 43-A of the said Act. Respondent No. l, i.e., Director Consolidation of Holdings, observed in the order that entry in the Khatauni Istamal as well as Naqsha Haqdarwar were correctly prepared but somehow at the time of Khatauni Pamaish No. 1215 the entry was changed. Respondent No. 1 opined in his order that on account of the use of Urdu language, difficulty arose in reading the correct entry and being satisfied that the mistake needed correction the same was ordered to be corrected along with Khatauni Paimaish No. 1215, which came into existence after the consolidation and necessary correction was ordered to be carried in the revenue records showing Sadhu Singh and Karnail Kaur as donors while Karam Singh, Angrez Singh thers as donees. The petitioners alleged that after the passing of the said order, respondents Karam Singh thers were still not satisfied and they filed another application Under Section 43-A of the Act, showing that some other numbers were also there and corrections should be made in respect of those numbers as had been done earlier vide order Annexure P1. This time correction was sought in respect of Khatauni Paimaish No. 1216, 1217, 1218 and 1131 to the same effect as claimed with respect to Khatauni Paimaish No. 1215. The second petition of non-official respondents was disposed of and decided vide order dated 21.7.1979 (Annexure P2) and it was observed that Karam Singh and others should have been shown in the column of possession in their capacity as donees in respect of those Killa numbers, which were gifted to them by the relevant resolutions. It was also observed by respondent No. 1 that Khasra numbers mentioned in the petition with respect to abovesaid Khataunis needed to be added to Khatauni Paimaish No. 1215. Further directions were given by respondent No. 1 that Karam Singh thers would be shown as donees in the Khatauni Paimaish and by this order dated 21.7.1979 the earlier order dated 18.10.1978 (Annexure P1) also stood amended. Feeling aggrieved by the orders dated 21.7.1979 and 18.10.1978, the petitioners filed a revision Under Section 42 of the Act before respondent No. 2, who passed order dated 7.8.1980 (Annexure P3) and dismissed the revision filed by the petitioners. The grouse of the petitioners is that they were co-share is in the land along with the non-official respondents as the Khata was joint and they












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