CWP No.3889 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.3889 of 2008 Date of Decision: 14.7.2010 Ajmer Singh .....Petitioner Vs. The Financial Commissioner, Appeals-I,Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Ms. J.K. Gurna, Advocate for the petitioner. Mr. C.S. Brar, DAG, Punjab, for respondent no.1. Mr. Vikas Singh, Advocate for respondent no.2. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 8.1.2008, 25.11.1999 and 3.8.1995, passed by the Financial Commissioner, Appeals-I,Punjab, the Additional Commissioner (Appeals), Patiala Division, Patiala and the Assistant Collector, IInd Grade, Rajpura. The petitioner is recorded in cultivating possession of the land in dispute in the jamabandi for the years 1979-80, 1984-85 and 1989-90. Hans Raj, respondent no.2 filed an application for correction of the khasra girdawari, which was dismissed upto the Commissioner. Hans Raj filed another application for correction of the khasra girdawari with respect to CWP No.3889 of 2008 2 Khasra Nos.322/1(2-7), 323(8-19), 363(6-17) measuring 18 kanals 3 marlas for the crops Sauni 1992 to Harri 1994. The Assistant Collector, IInd Grade directed the correction of the khasra girdawari in the name of Hans Raj. Aggrieved by this order, the petitioner filed an appeal. Vide order dated 11.6.1996, the Collector accepted the appeal and held that as the khasra girdawari was continuing in the name of the petitioner, there was no reason for the Assistant Collector, IInd Grade, to have ordered change of the khasra girdawari. As a result, the Assistant Collector, IInd Grade was directed to decide the application afresh. Hans Raj filed an appeal, against this order, before the Additional Commissioner (Appeals), Patiala Division, Patiala. Vide order dated 25.11.1999, the Additional Commissioner (Appeals), Patiala Division, Patiala, allowed the appeal, set aside the order passed by the Collector and restored the order passed by the Assistant Collector, IInd Grade. The petitioner, thereafter filed a revision before the Financial Commissioner, which was dismissed on 8.1.2008. Counsel for the petitioner submits that apart from the fact that the petitioner has been consistently recorded in possession, from 1979-80, the khasra girdawaris cannot be changed, particularly in view of the inter parties judgement and decree dated 3.2.1997, passed by the Additional Civil Judge (Senior Division), Rajpura, restraining Hans Raj and others from interfering in the petitioner's possession. It is submitted that as the Commissioner and the Financial Commissioner have ignored this inter parties decree, their orders are a nullity and should, therefore, be set aside. Counsel for the private respondents submits that the civil court passed an ex-parte decree, which is not binding on their rights. A khasra CWP No.3889 of 2008 3 girdawari is recorded to reflect the true position with respect to possession and, therefore, the civil court judgement apart, as the Assistant Collector, IInd Grade has recorded a positive finding that the private respondents are in possession of the land in dispute, the Additional Commissioner (Appeals) and the Financial Commissioner rightly held against the petitioner. I have heard counsel for the parties, perused the paper book, the impugned orders and have no hesitation in holding that the Assistant Collector, IInd Grade, the Additional Commissioner (Appeals) and the Financial Commissioner have committed fundamental errors of law, while ordering the correction of the khasra girdwari in the name of Hans Raj. It is not denied that the petitioner is consistently recorded in possession from the year 1978. Hans Raj has failed to adduce any material that would even remotely suggest that the petitioner was dispossessed or relinquished possession. This apart, the Additional Civil Judge (Senior Division), Rajpura, vide judgement and decree 3.2.1997 has restrained the private respondents, including Hans Raj from interfering in the possession of the petitioner. The judgement has not been set aside or reversed. It would be necessary to mention that an application for setting aside this ex-parte judgement and decree, filed at the behest of the private respondents has been dismissed. In view of the binding nature of the inter parties injunction issued by a civil court restraining the private respondents from interfering in the possession of the petitioner, revenue authorities had no jurisdiction to direct correction of the khasra girdawari. The orders passed by the Assistant Collector, IInd Grade, the Additional Commissioner (Appeals) and the Financial Commissioner are, therefore, a nullity. In view of what has been stated herein above, the writ petition CWP No.3889 of 2008 4 is allowed, the orders dated 8.1.2008, 25.11.1999 and 3.8.1995 are set aside and the application filed by Hans Raj, respondent no.2, for correction of the khasra girdawari is dismissed. 14.7.2010 (RAJIVE BHALLA) GS JUDGE