MOHINDER SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) The present case has been reported by Shri N.K. Arora, IAS, Commissioner, Jalandhar Division, Jalandhar, under Section 16 of the Punjab Land Revenue Act, 1887, with his opinion that the present revision petition against the order of the Collector, Ajnala dated 27.1.1988 be accepted, and the order dated 24.12.1987 passed by the Tehsildar-cum-A.C. IInd Grade, Ajnala and order dated 27.1.1988 passed by the Collector, Ajnala be set aside and the case be remanded to the Tehsildar-cum-A.C. IInd Grade, Ajnala for fresh decision, as per his reference dated 7.5.1990. The main ground taken by the learned Commissioner for making this reference is that

(2.) IN brief, the facts of the case are, that, respondents-Joginder Singh, Sawinder Singh, had made an application on 8.9.1987 before the Tehsildar- cum-A.C. IInd Grade, Ajnala for the correction of Khasra Girdawari in their names, in respect of land measuring 15K-13M comprised in Killa number 19- 2/1, 9/1, 51-18/2, situate at village Jauns, Tehsil Ajnala and District Amritsar for the crops from Kharif 1982 to Rabi 1987. The A.C. IInd Grade, Ajnala, after taking the necessary action on the application, after recording the evidence led by both the parties and after inspecting the spot, corrected the khasra girdawari in the names of respondents-Joginder Singh etc. for the crops from kharif 1982 onwards, as per his order dated 24.12.1987. Against this order, the present petitioner-Mohinder Singh filed an appeal before the Collector, Ajnala, who rejected the same as per his order dated 27.1.1988. Aggrieved by this order, Mohinder Singh filed a revision petition before the Commissioner, Jalandhar Division, Jalandhar, as a result of which, the learned Commissioner has made the present reference dated 7.5.1990, recommending the acceptance of the revision petition and setting aside the orders passed by the A.C. IInd Grade as well as Collector, Ajnala.

(3.) AFTER thorough perusal of record, and careful consideration of the facts and circumstances of the case, I am of the view that the present petition has no merit and the same deserves to be rejected. Section 16 of the Act ibid, provides for the power to call for, examine and revise proceedings of Revenue Officers, and section 16(2) of the Act ibid, provides, ''a Commissioner or Collector may call for the record of any case pending before, or disposed of by any Revenue Officer under his control'', and Section 16(3) of the Act ibid, reads as follows:-