MUKAND SINGH Vs. GURMAIL SINGH ALIAS GELA SINGH

JUDGEMENT

(1.) THIS is a reference dated 19.6.1996 from the Commissioner, Faridkot Division, Faridkot vide which he has recommended acceptance of the revision petition and for recording khasra girdawari of land comprised in Khasra No. 6M/16/1(7-16) measuring 7 kanals 1 marla situated in village Baho Sivian, Tehsil and District Bathinda in favour of the petitioner.

(2.) THE facts of the case are that on 7.3.1994 Gurmail Singh, respondent filed an application before the Assistant Collector Grade-II, Bathinda for correction of khasra girdawari of the disputed land in his favour. At that time the khasra girdawari was being entered in the name of Mukand Singh, petitioner. Assistant Collector Grade-II summoned Mukand Singh, but the registered notice as well as the summons were received back. Thereafter, the Assistant Collector inspected the spot on 26.4.1994 and ordered the correction of khasra girdawari from 'hari' 1994 onwards in favour of the respondent. Aggrieved by this order, the petitioner filed an appeal before the Collector, Bathinda who dismissed the same on 5.8.1994. Hence the petitioner filed a revision petition before the Commissioner for onward recommendation to this Court.

(3.) I have heard the arguments of the counsel for the parties and also gone through the record. From the record, it is quite evident that the petitioner was not served at all. It is noticed that the registered envelope which was sent to the petitioner in Rajasthan and was received back undelivered was written in Punjabi. The Tehsildar not only did not ensure proper service but he completed the entire exercise for correction of khasra girdawari in record time. Gurmail Singh had purchased 1/18th share from Tara Singh etc. on 30.7.1994. He took seven months to apply for correction of khasra girdawari but the Tehsildar took seven weeks to decide the case in his favour. Assistant Collector Grade-II has shown unholy haste in deciding this matter. His order also reflects non-application of mind. He did not try to find out how the respondent came into possession of these particular Khasra numbers when the possession of Mukand Singh on them was continuous over a number of years. The order mentions that Dharma Singh applied for change in khasra girdawari whereas the fact is that Dharam Singh Wala is the name of the 'Patti' in which the disputed land is situated in village Baho Savian.