LAWS(P&H)-2003-2-63

AJAIB SINGH Vs. MAI ISSARI DHARAMSHALA PRABANDHAK COMMITTEE

Decided On February 19, 2003
AJAIB SINGH Appellant
V/S
Mai Issari Dharamshala Prabandhak Committee Respondents

JUDGEMENT

(1.) THIS is a revision petition filed against the order of Addl. Commissioner (Appeals), Patiala Division, dated 9.8.2000 and order passed by the Collector, Sub-Division, Fatehgarh Sahib dated 2.7.1988 whereby the orders of Assistant Collector IInd Grade Bassi Pathana dated 28.7.1997 have been set aside in case of correction of Khasra Girdawri.

(2.) THE brief facts of the case are that Mai Issari Dharamshala Prabandhak Committee of village Nandpur, Tehsil Bassi Pathana, District Fatehgarh Sahib (hereinafter referred to as 'the Committee') filed an application before the A.C. IInd Grade for correction of Khasra Girdawri of land measuring 6 Kanal 12 Marlas from the crop Hari 1997 onwards. The A.C. IInd Grade rejected the application after inspecting the spot and held that the Committee is not in possession of the land in dispute. Against the order dated 28.7.1997 of the A.C. IInd Grade, the Committee filed an appeal before the Collector Sub Division, Fatehgarh Sahib, who vide his order dated 2.7.1988 accepted the appeal and set aside the order of the A.C. IInd Grade. Against the order of the Collector, Ajaib Singh present petitioner filed an appeal before the Additional Commissioner (Appeals), Patiala Division, who vide his order dated 9.8.2000 dismissed the same. Dissatisfied with the orders of the Additional Commissioner (Appeals), Patiala Division, Ajaib Singh filed the present revision petition.

(3.) THE ld. counsel for the respondent argued that the Collector has rightly held the possession of the Committee on the land in dispute as Mikha Singh was cultivating the land on behalf of the Committee. The Additional Commissioner (A), Patiala Division has rightly upheld the order of the Collector. So far as the civil decision is concerned, the Committee was not a party in that case. Only the Gram Panchayat was contesting against Ajaib Singh. Counsel further stated that the entries in Jamabandi in the name of Ajaib Singh make no difference. He further prayed that the revision petition may be rejected.