ANAND GIRI MAHANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed for directing respondents to initiate mutation proceedings and sanction mutation of inheritance of the management of Dera Samadh Sanjhagir in favour of petitioner No.1.

(2.) THE Dera Samadh Sanjhagir (petitioner No.2) is the owner of land measuring 380 kanals 16 marlas in village Kharar, Tehsil and District Hisar as per the Jamabandi for the year 2001-02. In the column of ownership, the land is recorded as "Samadh Sanjhagir Bae-tmam Nathugir Sakin Deh" and in the column of cultivation it is recorded as "Khudkast and Makbuja Malkan". Mahant Nathugir died on 2.11.2004. Anand Giri Mahant (petitioner No. 1) states that he has been appointed a new Mahant on 10.3.2006 by Juna Akhara. A writing (Annexure P1) in this regard has been recorded which has been signed by a large number of persons present there on 10.3.2006. It is submitted that petitioner No. 1 after being appointed as new Mahant and in view of the fact that previous entries in the revenue records were continuing in the name of deceased Mahant Nathugir an application dated 13.3.2006 (Annexure P2) was filed before the Assistant Collector IInd Grade, Hisar (respondent No. 3) for recording the fact of acquisition of right of management by petitioner No. 1 of the property of Dera Samadh Sanjhagir (petitioner No. 2) in the revenue records. The said application (Annexure P2) was signed by a large number of villagers of village Kharar. The Tehsildar, Hisar made an endorsement on the application (Annexure P2) on 23.3.2006 for Patwari halqa to carry out proceedings in accordance with rules. It is submitted that although petitioner No. 1 had brought to the notice of the revenue authorities about acquisition of right of management, however, mutation proceedings are not being initiated.

(3.) AFTER hearing learned counsel for the parties and giving my thoughtful consideration to the matter, it may be noticed that the question regarding entries and sanction of mutation are to be considered by the revenue authorities in accordance with the provisions of the Punjab Land Revenue Act, 1887 ("Act" - for short). Section 34 of the Act provides for making of that part of the annual record which relates to land owners, assignees of revenue and occupancy tenants. Any person acquiring by inheritance, purchase, mortgage, or otherwise , any right in an estate as a land owner, assignee of land revenue or tenant having a right of occupancy, is to report his acquisition of the right to the Patwari of the estate. The Patwari is to enter in his register of mutations every report made to him under sub-Section (l) or sub-Section (2) of Section 34 and is also to make an entry therein respecting the acquisition of any such right as aforesaid which he has reasons to believe to have taken place. The stand taken by the respondents in their written statement is that no title to the property is shown to have been acquired by the petitioners. Besides, no supporting document had been supplied as to whether the resolution (Annexure P1) had been passed by the competent persons and bye-laws, if any, of Dera Samadh Sanjhagir (petitioner No. 2). It is also submitted that the petitioners had not submitted the said resolution (Annexure P1) in the civil suit filed by them.