BACHAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PRAYER has been made for issuance of a writ in the nature of certiorari for quashing the orders passed by the revenue authorities, whereby the mutation of Village, Makrauna Khurd for change of ownership, has been sanctioned, on the basis of civil suit decree dated 7.4.1961 and order dated 20.12.1971, passed by this Court.

(2.) AFTER referring to the khasra girdawaris of the land in dispute from Kharif 1966 to Rabi 1996 and noticing the fact that the Civil Court decree dated 7.4.1961 was only declaratory in nature and was not required to be executed and further relying upon the order passed by this Court way back on 20.12.1971, learned Collector, Rupnagar set aside the order passed by the Assistant Collector 1st Grade, Rupnagar vide which Mutation No. 397 was kept in abeyance. The order passed by the Collector was upheld by learned Commissioner in the appeal filed by the petitioners and thereafter by learned Financial Commissioner in the revision filed before him.

(3.) WE have perused the impugned orders and find that all the aspects of the case have been considered in detail. Cogent reasons were given in sanctioning the mutation on the basis of Civil Court decree and order passed by this Court. The order passed by the Civil Court was binding on the revenue authorities. There was no requirement of a formal direction from the Civil Court for incorporating its verdict in the revenue record by way of mutation. Moreover, the perusal of khasra girdawaris reflected the fact that the parties came into possession of their separate shares. It was, thus, evident that the compromise arrived at between the parties was acted upon.