BHOLA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) By filing this petition, Bhola Singh petitioner has sought quashing of the orders dated 22.12.2000,, 19.2.2002 and 7.3.2005 passed by the District Collector, Divisional Commissioner, and Financial Commissioner respectively. All the three revenue authorities decided the matter with regard to (clerical) correction of mutation no.1942 which had been sanctioned on 30.1.1990.

(2.) Admitted facts are that in a suit filed by the petitioner against respondent no.4 who is related to him, the court of Sub-Judge 1st Class, Barnala, passed a consent decree on 1.2.1985, declaring the petitioner to be owner of 11/156th share in the total land measuring 617 kanals 4 marlas. Mutation No.1942 was sanctioned in this regard on 30.1.1990, wherein, somehow, 1/6th share, in place of 11/156th, was mutated in the name of the petitioner. The same position was, consequently, reflected in the jamabandis for the years 1992-93 and 1997-98 also. The matter was raked up, later on, and the revenue authorities right upto the Financial Commissioner ordered the correction of mutation no.1942, vide the impugned order, so as to bring it in consonance with the verdict of civil court

(3.) According to the learned counsel, the impugned orders dated 22.12.2000, 19.2.2002 and 7.3.2005, Annexures P1 to P3 respectively, are wrong illegal, and liable to be set aside, as the correction of the mutation entries which stood incorporated in jamabandis also, could be ordered by the civil court only, and not by the revenue authorities.