S. R. Bunger, FC. - The present case has been reported by the Commissioner (Appeals), Patiala Division, Patiala, under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 11.2.1991, passed by the Sub- Divisional Collector, Malerkotla, in a case of mutation regarding transfer of ownership, with his recommendation, that, the order dated 11.2.91, passed by the Collector, as well as, the order dated 14.9.90, passed by the A.C. IInd Grade, Dhuri, be set aside and the case be remanded to the A.C. 1st Grade, Malerkotla for deciding the whole issue afresh, by treating the mutation as a contested mutation, as per his reference dated 31.1.97. The operative part of the reference reads as follows :-

"A careful perusal of the file and as well as of the impugned order would also reveal that even on the mutation sheet itself the patwari had written his note in red ink that a stay by the court of Sub-Judge 1st Class, Dhuri was in existence. Moreover, the petitioner had also contested the mutation. Even in the mutation sheet also the cultivation by petitioner has been very clearly recorded. This would have been sufficient for the Assistant Collector IInd Grade to withdraw