GOPI Vs. MOHAN SINGH

JUDGEMENT

(1.) The present case has been reported by Shri R.P.S. Pawar, IAS, Commissioner, Jalandhar Division, Jalandhar, under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 30.10.1992 passed by the S.D.O.-cum-Collector, Gurdaspur, with his opinion that the impugned orders of A.C. II Grade and that of the Collector, Gurdaspur be set aside and the present revision petition be accepted.

(2.) IN brief, the facts are that respondent-Mohan Singh made an application on 9.9.1991, for the correction of Khasra Girdawari in his name for the land measuring 20 Kanals 7 Marlas, comprised in Khasra No. 166-R Killa No. 22/2(4- 7), 23(8-0), 24(8-0), situate at village Kahnuwan H. B No. 606, Tehsil and District Gurdaspur, for the crops from Kharif 1987 to Kharif 1991. In the application, it was stated, that, Gopi never came into actual possession of the said land, and he with the connivance of the revenue staff, got the entries of Khasra Girdawari incorporated in his name, illegally. The A.C. II-cum-Naib Tehsildar Shri Dev Raj, visited the spot on 29.2.1992, in the absence of the petitioner-Gopi, and by recording statements of some persons, orderered the correction of Khasra Girdawari in the name of respondent Mohan Singh, from the year 1990-91, till date, as per his dated 27.5.1992. The appeal filed against this order by Shri Gopi was rejected by the S.D.O. cum Collector, Gurdaspur, as per his order dated 30.10.1992. Aggrieved by this order, Gopi filed a revision petition before the Commissioner, Jalandhar Division, Jalandhar, as a result of which, the present case has been reported by the learned Commissioner with his recommendation that the impugned orders be set aside and the entries for Khasra Girdawari may be allowed to continue in the name of Gopi, as before.

(3.) FURTHER , Mohan Singh had applied for the correction of Khasra Girdawari from the Kharif 1987 to Kharif 1991, but the correction ordered by the A.C. II, ''for the year 1990-91 till date'', is non-specific and vague. It has also not been clarified by the A.C. II in his order, as to why the correction for the remaining crops, for which Mohan Singh had applied had not been made. As has rightly been pointed out by the learned, Commissioner, Jalandhar Division that the entries of Khasra Girdawari, immediately after the delivery of possession of the disputed land to Sh. Gopi, are in the name of Gopi, and similarly, the Khasra Girdawari entries from Kharif 1992 to Rabi 1994 are given in favour of the petitioner. A copy of Jamabandi for the year 1991-92, is clearly indicative of the fact that Khasra Girdawari upto Rabi, 1992 has been incorporated in the Jamabandi in the name of the petitioner-Gopi, and the impact of this is, that correction ordered by A.C. II, in the name of respondent-Mohan Singh, has become meaningless, redundant and infructuous. The Collector, Gurdaspur rejected the appeal filed by Gopi, without application of mind to the facts of the case, and the order passed by him, being untenable, deserves to be quashed. In view of the above discussion, the present revision petition is accepted, the orders passed by the A.C. II and the Collector, Gurdaspur are hereby set aside, and the entries of Khasra Girdawari in the name of the petitioner-Gopi, including the disputed crops, are allowed to continue in the revenue record, uninterrupted. Announced.