HARCHAND SINGH @ HARCHARAN SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) THIS is a petition under Section 16 of the Punjab Land Revenue Act, 1887, seeking to revise the order dated 27.9.2001 of the Commissioner, Ferozepore Division, Ferozepore, and to restore the order dated 29.2.2001 of the S.D.M.-cum-Collector, Moga, in regard to correction of entries in the Jarnabandi by way of Fard Badar.

(2.) THE parties who were co-owners of land situated in village Ghal Kalan, Tehsil and District Moga, privately partitioned the joint holding. Two versions of the unregistered deed of private partition are in circulation, but the dispute relates solely to Khasra No. 163//25/5(2-7) banjar qadim. According to the petitioner's version, the deed was executed on 8.2.1985 and the disputed Khasra No. fell to his share. According to the respondents' version, the deed was executed on 8.2.1986 and the disputed Khasra No. fell to the share of the petitioner to the extent of 0k 7m and to the respondents to the extent 2k 0m.

(3.) ACCRODING to Para No. 7.2 of the Punjab Land Records Manual, when a Mutation is entered in respect of any land, the serial No. and nature of the transaction shall be noted in pencil in the remarks column of the Jamabandi. If and when the Mutation is sanctioned, the entry shall be made in red ink. That is to say, entry in pencil and subsequent entry in red ink should have been made by the Patwari in the Jamabandi for the year 1983-84 so as to forestall sanction and entry of a second mutation on the basis of the same transaction in respect of the same land. According to Para 7.4 ibid, the Field Kanungo is to attest, by personal examination, every entry in the foil and the counterfoil, and to sign the entries in both the foil and the counterfoil. The Kanungo's duties in the preparation of the Jarnabandi have been detailed in Para 7.60 ibid The Revenue Officer attesting the mutation must carefully compare the entries in both the foil and the counterfoil (Para 7.4 ibid). The duties of the Tehsildar or Naib Tehsildar while attesting the Jamabandi have been detailed in Para 7.62 ibid. It is apparent that all the revenue officials have been negligent in the performance of their duties as prescribed in the Punjab Land Records Manual.