CHARAN KAUR Vs. CHARAN SINGH

JUDGEMENT

(1.) , The present is a Revision petition u/s 16(3) of the Punjab Land Revenue Act, 1987, which has been reported by the Collector, Amritsar through the Commissioner (Appeals), Jalandhar Division, at Chandigarh expressing the opinion that the order dated 4.8.1988, passed by the A.C. Ist Grade, Amritsar vide which the application of the petitioners, Smt. Charan Kaur etc. for making an amendment in their application, for seeking separation of their share comprised in a joint-khata, was rejected.

(2.) THE brief facts of the case are that the petitioners had made an application to Tehsildar-cum-A.C. Ist Grade, Amritsar, for the separation of their share from out of the total land measuring 89 Kanals 12 Kanals with details of Khasra Nos. recorded in the application dated 6.8.1984. In fact, for the separation of their share in joint-khata of 89 K - 12M, the petitioners had moved two applications; one for the area measuring 28 K - 9 M, and the second application for 41 K - 6 M, on the basis of Jamabandi for the years 1981-82. The land is situate in village Fatehpur Rajputan, Tehsil and Distt. Amritsar. In the application dated October 19, 1986 seeking partition of land measuring 41 K - 6 M, this area was wrongly indicated, as the total area which was sought to be partitioned as per this application measured 59 K - 14 M. This omission was inadvertent, and when this discrepancy came to the notice of the petitioners, they sought an amendment in their application, to remove this discrepancy, but this was rejected by the Tehsildar, Amritsar as per his order dated 4.8.1988. The petitioners moved a revision petition before the Collector, Amritsar against the order of the Tehsildar-cum-A.C. Ist Grade, Amritsar, who vide his recommendation dated 30.3.1989, referred the case to the Commissioner, Jalandhar Division, Jalandhar, for granting revision of the order dated 4.8.1988. The Commissioner (Appeals), Jalandhar Division, as per the report dated 8th August, 1989, has endorsed recommendations of the Collector, Amritsar and who has reported the case for acceptance.

(3.) IN view of the above discussion, I accept the present reference, set aside the order dated 4.8.1988 passed by the A.C. Ist Grade, Amritsar, with a direction that the A.C. Ist Grade, Amritsar should allow amendment in the application, and thereafter proceed further, in accordance with the law, for ordering separation of the share of the petitioners, from the joint-khata, as requested for by the petitioners. The case is referred to the Tehsildar-cum- A.C. Ist Grade, Amritsar, with a further direction that he should summon the concerned parties immediately after due notice and take up further proceedings. As this case has been hanging fire for more than 12 years by now, the A.C. Ist Grade is expected to dispose of the present case, on top priority. As, in this case, the orders were reserved, the parties be informed about this.