PRABHU Vs. NAFE SINGH

JUDGEMENT

(1.) THIS revision petition in a girdawari case has been filed against the orders of the Commissioner Hisar Division dated 6.7.99. Vide the above orders the Commissioner endorsed the remand order of the Collector dated 12.5.97, directing the A.C.II to decide the case afresh after giving opportunity to both the parties to produce their evidence etc. Earlier, the petitioners made an application to the Revenue Officer SDO (C) at the time of the crop inspection, requesting that girdawari of the land in dispute be recorded in their favour and on that application the A.C.-II after obtaining report from the subordinate officers and on the basis of his own spot inspection ordered recording of girdawari in their favour. It has been mentioned in the orders of the A.C. II dated 19.5.95, that the respondents were also summoned through notice dated 15.5.95 for spot inspection, but the above summons were refused by the respondents and the inspection by A.C. II on 19.5.95 took place in the absence of the respondents.

(2.) I have heard the counsel for the petitioners who in his arguments tried to distinguish this case of correction of girdawari from others cases by saying that in this case the application for correction was made by the revision petitioners before the revenue authorities at the time of the normal crop inspection by the revenue staff and therefore the provisions of Section 20, of Punjab Land Revenue Act were not applicable. I have considered the matter. From the Commissioner's orders it is seen that there is a long history of dispute between the two parties in respect of this land and keeping that in view it should appear desirable that the matter is decided through a regular case after properly summoning and hearing the two parties so that all relevant facts are taken into consideration while deciding the matter. In that view of the matter it was only proper that the Collector remanded the case to the A.C. II for deciding the case afresh after hearing both the parties, instead of going on the basis of spot inspection alone. No prejudice has been caused by this remand order to any of the parties and the same is therefore upheld and this revision petition dismissed in limine. To be communicated. Revision dismissed.