MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(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.