A revisional authority should not dismiss a land dispute based solely on technicalities like improper stamping of a surrender document if a civil suit regarding the ownership and public nature of the land is currently pending.

Order

Heard learned counsel for the parties.

2. The present appeal has been filed against order dated 05.01.2023 whereby the writ petition preferred by appellant- Goma Ram was dismissed.

3. Learned counsel for the appellant submits that the issue involved in the present case is that originally respondent-Pep Singh was issued a patta for the land ad measuring 70x100 sq. ft. in his favour, however, in due course of time, respondent-Pep Singh surrendered the land ad measuring 20x100 sq. ft. of the aforesaid land for the public purpose vide his agreement dated 04.03.1988, but, in pursuance of the surrender document dated 04.03.1988, the original patta of Pep Singh was not amended. After a lapse of about 30 years, a revision petition was filed on behalf of the appellant challenging the patta of Pep Singh on the ground that the land ad measuring 20x100 sq. ft. has already been surrendered for public purposes by him, however, Pep Singh and his family are still in occupation of the total land ad measuring 70x100 sq. ft. The revision petition preferred by appellant was allowed vide order dated 23.06.2015. The order dated 23.06.2015 was assailed before this Court by way of filing a writ petition and the same was allowed by this Court vide order dated 03.11.2016 and the matter was remanded back to the revisional authority. On remand, the revisional authority has dismissed the revision petition filed by present appellant vide order dated 28.11.2022, against which, the writ petition was filed before this Court and the writ petition filed by the appellant was also dismissed vide order dated 05.01.2023. Hence the present appeal has been filed.

4. Learned counsel for the appellant vehemently submitted that despite there being a surrender order/letter dated 04.03.1988, the land which was surrendered is still in occupation and possession of the respondent-Pep Singh or his descendants. He submits that the learned Revisional Court has wrongly rejected the revision petition on the ground that the agreement/document of surrender is not properly stamped and the same is not available in the Panchayat record. Learned counsel for the appellant submits that for the said piece of land (20x100 sq. ft.), a civil suit is also pending consideration before the Civil Court. In the said civil suit, one of the issues framed is regarding the ownership of the land ad measuring 20x100 sq.ft. forming the part of public way.

5. Learned counsel for the appellant submits that he will be satisfied if the order dated 05.01.2023 passed by the learned Single Bench and order dated 28.11.2022 passed by Revisional Court are quashed and set aside and the matter is remanded back to the revisional authority to decide the issue once the Civil Court decides the issue pertaining to the occupation of the subject piece of land by the respondent as the learned Revisional Court was not right in rejecting the revision petition only on the ground that the document of surrender dated 04.03.1988 was not properly stamped.

6. The submission made by learned counsel for the appellant is not opposed by learned counsel for the respondents.

7. In this view of the matter, the order passed by the learned Single Bench dated 05.01.2023 and the order dated 28.11.2022 passed by Revisional Court are quashed and set aside and the matter is remanded back to the revisional authority to decide the same afresh after the issue with respect to opening of the public way is decided by the Civil Court.

8. As the matter is pending consideration before the Civil Court since 2015, the Civil Court is directed