SAT PAL SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) THIS is revision petition under section 16 of the Punjab Land Revenue Act, 1887, challenging the order dated 1.10.2002 of Commissioner (Appeals), Jalandhar Division, Jalandhar, the order dated 24.12.1999 of Sub Divisional Magistrate-cum-Collector, Phillaur and order dated 11.10.1999 of Assistant Collector II, Guraya.

(2.) AS per the brief facts, the respondent No. 1 has filed an application before the Assistant Collector II-cum-Naib Tehsildar, Guraya at Phillaur for correction of khasra girdawari in respect of the land located in village Kang Jagir, Tehsil Phillaur, District Jalandhar from Kharif 1998 onwards. This relief was sought on the ground that land was with the respondent on patta @ Rs. 8000/- per acre and he was in cultivating possession of the same since Kharif 1998. Assistant Collector Grade II offered the correction of khasra girdawari with effect from Rabi, 1999, vide order dated 11.10.1999. The application of the petitioners before Sub Divisional Magistrate-cum- Collector, Phillaur was dismissed vide order dated 24.12.1999. The revision petition before the Commissioner, Jalandhar Division, Jalandhar was also dismissed on 1.10.2002. Hence, the present second revision petition against the order dated 1.10.2002, passed by the Divisional Commissioner.

(3.) I have considered the arguments put forth by ld. counsel for both the parties and have gone through the relevant record. Interestingly, the order of the Collector dated 24.12.1999 also confirms the possession of the petitioners, which has also been upheld by various civil court decisions. Further the status quo has been ordered by the civil court regarding change of possession. The petitioners are held to be in possession of the land in dispute there is a stay order against their dispossession. The revenue authority cannot change the entries in the revenue record till the final decision by the Civil Court. The Collector and Divisional Commissioner in their respective orders have erred in dismissing the appeal and revision petition of the petitioner knowing it fully well that the petitioners are in possession and this possession has been upheld by the Civil Courts. The entries in the khasra girdawari are to confirm the factum of the possession, which goes in favour of the petitioners. These facts clearly lead to the conclusion that the orders of AC II, Collector and the Divisional Commissioner are not in accordance with the law and suffer from grave legal infirmities. Accordingly, the revision petition is accepted and the orders of the lower revenue courts are set aside. Announced. Revision allowed.