LAWS(P&H)-1997-4-153

JEETA SINGH Vs. NATHA SINGH

Decided On April 09, 1997
JEETA SINGH Appellant
V/S
NATHA SINGH Respondents

JUDGEMENT

(1.) , FC. - The present two interconnected revisions petitions have been reported by Shri S.C. Aggarwal, IAS, Commissioner, Ferozepur Division, Ferozepur, under Section 16 of the Punjab Land Revenue Act, 1887, against the two orders, even dated 4.6.1993, passed by the Sub Divisional Officer (Civil)-cum-Collector, Muktsar, in cases of two different mutations, with his recommendation that the orders of the Collector, Muktsar, dated 4.6.1993, in both the cases, as well as, the order dated 5.12.1991, passed by the Assistant Collector, II Grade, Gidderbaha, in mutation No. 5933, relating to the inheritance of Nihal Kaur, and the order dated 5.12.1991 passed by the Assistant Collector, IInd Grade, Gidderbaha, in mutation No. 5943 of the same village, relating to the sale of land, be set aside by accepting the present revision petitions, as per his reference dated 23rd November, 1994.

(2.) AS , the learned Commissioner, Ferozepur Division, has reported both the cases in the present single reference; so, my present order will also dispose of both the revision petition, and a copy each of this order shall be placed on both the files.

(3.) REGARDING mutation No. 5943, of village Sukna Ablu, the same was sanctioned by the Assistant Collector, IInd Grade, Gidderbaha, as per his order dated 5.12.1991, which was with regard to the sale of land, measuring 65 Kanals, 11 Marlas, which was sold by Natha Singh, one of the sons of the deceased Smt. Nihal Kaur, in favour of Jarnail Singh etc. Natha Singh had acquired this land as his 1/4th share, in inheritance, from his deceased mother Nihal Kaur, and had sold the same, for which mutation No. 5943 was sanctioned. In this mutation case, Jeeta Singh had challenged the order of the Assistant Collector, IInd Grade, Gidderbaha dated 5.12.1991, before the Collector, Muktsar' by way of appeal, and the appeal was rejected as per the Colector's order dated 4.6.1993, on the ground that the same was barred by time. The petitioner, Jeeta Singh had filed a revision petition before the learned Commissioner, Ferozepur Division, Ferozepur, as a result of which, the present case has been reported, with the recommendation, that, the impugned orders in this case be set aside, and the case be remanded to Assistant Collector, Ist Grade, Muktsar, with the direction, to decide these mutation cases, afresh.