GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in the writ petition is to the order dated 18.2.2004 (Annexure P-5) passed by the Deputy Commissioner, Muktsar, vide which the change in the Khasra-Girdawari from the name of the petitioner to that of respondent No. 4 has been ordered.

(2.) It is the case of the petitioner that he is in possession of land measuring 9 kanals 15 marlas comprised in Rectangle No. 259 Khasra Nos. 16/2, 17/2 and 24/1 situated in the revenue limits of village Mehna, Tehsil Malout District Muktsar and his possession has been entered in the Jamabandi for the year 1999-2000 (Annexure P-1) as well as in the Khasra-Girdawari for the years 1999-2000, 2000-2001 and 2003 (Annexure P-2). However, the Deputy Commissioner vide the impugned order has ordered the change of Khasra- Girdawari without issuance of any notice to the petitioner.

(3.) On notice of motion having been issued, respondent No. 2 has filed a detailed written statement on behalf of respondent Nos. 1 to 3 wherein it has been pleaded that the change of name in the Khasra-Girdawari has been ordered vide the impugned order on the basis of judgments dated 6.10.1995 (Annexure R-1) passed by the Additional Senior Sub-Judge, Gidderbaha as also on the basis of judgment dated 14.10.1997 (Annexure R-2) passed by the Additional District Judge, Faridkot, as well as the judgment dated 9.12.2002 (Annexure R-3) passed by the Additional Civil Judge (Sr. Division), Malout. It has also been averred in the written statement that the Punjab State Human Rights Commission after taking cognizance of the matter had ordered the correction of Khasra-Girdawari vide order dated 3.11.2003 (Annexure R-4).