NIRANJAM SINGH Vs. JAL KAUR

JUDGEMENT

(1.) The brief facts of this case are, that, Smt. Jal Kaur wd/o Gulzara Singh, resident of village Shahpur Kalan, had applied to the A.C. 2nd Grade-cum-Naib Tehsildar, Longowal, on 14.12.1992, for the correction of khasra girdawari in respect of the land, comprised in Killa/Khasra No. 64//18 (8 kanal 0 maria) for the crop of Kharif 1992. The A.C. 2nd Grade, after visiting the spot and after recording the evidence regarding factum of cultivation had ordered the khasra Girdawari in the name of Jal Kaur, for the crop of Kharif 1992, vide his order dated 4.2.1993. Against this order, Niranjan Singh had filed an appeal before the Sub-Divisional Collector, Sangrur, which was rejected vide Collector's order dated 28.9.1993. Still aggrieved by this order, Niranjan Singh had filed the revision petition before the Commissioner, Patiala Division, Patiala, as a result of which, the present case has been reported by the Commissioner (Appeals), as per his reference dated 24.12.1996, recommending the setting aside of the impugned orders and acceptance of the revision petition.

(2.) ON the date fixed for arguments, none from either side had put in their appearance. This is a reference case and an opportunity of being heard has been provided to both the sides; so, it has been thought appropriate to decide this case on merit, on the basis of the facts available on the record. After careful consideration of the facts and circumstances of the case, I am of the view, that, the present revision petition has no merit and the same deserves to be rejected. The Ld. Commissioner (Appeals), in his reference, has quoted the authorities contained in 1991-PLJ-page-88, as well as, 1990-PLJ- page-52, to support his recommendation. In 1991-PLJ-page-88, it had been ruled as under :-

(3.) IN this regard, it may be observed that, the relevant Jamabandi of the said village is for the year 1991-92, the previous Jamabandi being for 1986-87, and the Ld. Commissioner (Appeals), has wrongly quoted as for the year "1990- 1991". As is clear from the application made by Smt. Jal Kaur, she had applied for the correction of khasra girdawari for the crop of Kharif 1992, on 14.12.1992, and by that time, even if, the Jamabandi for the year '1991-92' was in force, even then this application was in order, in which correction for 'Kharif 1992' only was sought, as the crops incorporated in the Jamabandi were upto Rabi 1992. As such, the Revenue Officer was fully competent to order the correction of khasra girdawari for the crop of Kharif 1992. The Ld. Commissioner (Appeals), seems to have confused the issues. So, in the instant case, the authority contained in 1990-PLJ-page-52, has neither been by-passed nor violated. The Sub-Divisional Collector, had rightly rejected the appeal against the order of the A.C. 2nd Grade, by visiting the spot, although, he was not duty-bound to do it.