PUNJAB & HARYANA HIGH COURT
V.K.Bali and Rajive Bhalla JJ.
Tarlok Singh
Versus
Financial Commissioner Co-operation
Civil Writ Petition No. 5759 of 2003,
Decided On : MAY 25, 2004
certiorari - Land Dispute - Punjab Land Revenue Act, 1993 - Section 45, Paras 7.29 and 7.30 of the Punjab Land Records Manual - The court discussed the orders of the revenue officers, the jurisdiction of the Financial Commissioner, and the binding nature of judgments and decrees of the Civil Court. The court highlighted the error of fact committed by the Financial Commissioner in directing the correction of the Jamabandi and emphasized the primacy of Civil Court judgments in reflecting possession in the revenue record.
Fact of the Case:
The petitioner sought to quash orders related to a land dispute. The private respondents claimed possession of the land, while the petitioner had a registered sale deed and possession reflected in Khasra Girdawaris and Jamabandi. The Civil Court decreed the suit in favor of the petitioner, but the Financial Commissioner ordered correction of the Jamabandi.
Finding of the Court:
The court found that the Financial Commissioner committed an error of fact in ordering the correction of the Jamabandi and exceeded jurisdiction by ignoring the Civil Court's judgment. The impugned orders were set aside, and a direction was issued to implement the Civil Court's judgment.
Issues: Jurisdiction of the Financial Commissioner, correction of the Jamabandi, and the binding nature of Civil Court judgments.
Ratio Decidendi: The Financial Commissioner had no jurisdiction to order correction of the Jamabandi as there was no clerical or patent defect. The Civil Court's judgment and decree regarding possession had to be reflected in the revenue record.
Final Decision: The impugned orders were set aside, and a direction was issued to implement the judgment and decree of the Civil Court.
Rajive Bhalla, J.
1. The petitioner, by way of the present writ petition, seeks the issuance of a writ in the nature of certiorari for quashing the orders of the Assistant Collector IInd Grade, Phagwara dated October 04, 1996 (Annexure P-4), also of the Assistant Collector IInd Grade, Phagwara, dated November, 07, 1997 (Annexure P-6) of the Collector, Phagwara, dated August 05, 1999 (Annexure P-7), of the Additional Commissioner (Appeals), Jalandhar Division, Jalandhar, dated January 25, 2001 (Annexure P-9) and of the Financial Commissioner (Co-operation) dated October 23, 2002 (Annexure P-11).
2. A brief narrative of the facts will be essential:
The petitioner claims to have purchased 20 Kanals, including the land in dispute, vide registered sale deed dated July 15, 1983, pursuant whereto he claims to be in possession, since 1983. His possession is reflected in the Khasra Girdawaris since 1983 and in the Jamabandi for the year 1992-93 (Annexure P-1).
3. The private respondents filed an application (Annexure P-2) before the Assistant Collector, IInd Grade, Phagwara, praying therein, for a correction of Khasra Girdawari of land measuring 2 Kanals 16 Marias bearing Khasra Nos. 18//2/1 Min-Garb (1 Kanal 8 Marias) and 18/1/2 Min Sharak (1 Kanal 8 Marias), situated in Village Nasirabad, Tehsil Phagwara, District Kapurthala, on the plea that they were in actual cultivating possession.
4. On September 27, 1996, the Assistant Collector Ilnd Grade, Phagwara, visited the disputed land and vide order dated October 04, 1996 (Annexure P-4), held that the pri vate respondents were in cultivating possession of the afore-mentioned land and there fore ordered correction of the Khasra Girdawari entries from Sauni 1993 to Haari 1996.
5. In an appeal, preferred by the petitioner before the Collector, Phagwara, the above order was set aside, vide order dated October 09, 1997 (Annexure P-5), and the matter remanded for a decision afresh. Neither party preferred an appeal/revision against the or der of the Collector dated October 09, 1997 (Annexure P-5). Thus, the order of the As sistant Collector IInd Grade dated October 04, 1996 (Annexure P-4) directing correction of the Khasra Girdawaris stood set aside.
6. In the interregunum, the petitioner filed Civil Suit No. 172 dated June 15, 1996, in the Court of Additional Civil Judge (Senior Division), Phagwara, for permanent injunc tion restraining the private respondents from interfering, in any manner whatsoever, or dispossessing the petitioner illegally and forcibly from the land measuring 20 Kanals Kitta 5 bearing Khasra numbers 14//11 (7 Kanals & 4 Marias), 12/2 (6 Kanals 18 Mar ias), 19/3 (2 Kanals 12 Marias), 18//1/2/2 (1 Kanal 18 Marias) and 2/1/1 (1 Kanal 8 Marias). This land includes the land in dispute.
7. Taking into account the pendency of the civil suit, the Assistant Collector, IInd Grade, Phagwara, vide order dated November 07, 1997 (Annexure P-6), consigned the application to the Record Room with liberty to the parties to seek revival of the applica tion after decision of the civil suit.
8. The petitioner impugned the order of the Assistant Collector, IInd Grade, Phag wara, dated November 07, 1997, by way of an appeal filed before the Collector, Phag wara. The Collector inspected the spot, though no report is available on record, and vide order dated August 05, 1999 (Annexure P-7) held that the private respondents were in actual cultivating possession of the suit land. However, it would be significant to note here that the Collector did not pass any order directing the correction of the Khasra Gir dawari. He simply dismissed the appeal.
9. Before the above order dated August 05, 1999, could be passed by the Collector, the Jamabandi for the year 1997-98 came to be attested, showing the petitioner be owner in possession of the Khasra numbers in dispute.
10. The order of the Collector dated August 05, 1999, was impugned before the Ad ditional Commissioner (Appeals), Jalandhar Divis
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