IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 17115 of 2006 Date of decision : 23.9.2009 Ram Kishan ….. Petitioner Versus Financial Commissioner, Haryana and Others ….. Respondents Present: Mr. Jagdish Manchanda, Advocate for the petitioner. Ms. Mamta Singla, AAG, Haryana. **** S.S. SARON, J. Heard counsel for the parties. Ram Kishan (petitioner) filed an application before the Assistant Collector 2nd Grade, Pehowa for correction of khasra girdwari for the crop Kharif 2000 with regard to the land measuring 5 kanals 14 marlas situated in village Kheri Shishgran, Tehsil Pehowa, Distt. Kurukshetra. It was alleged by the petitioner that he is in possession of the said land. The claim of the petitioner was that he was a tenant under the legal heirs of Hukam Singh, Vakil Singh and Smt. Mukhtiari since 19.5.1977. Des Raj (respondent No.3) contested the application stating that he was in cultivating possession of the land as co-sharer. Besides, a suit was pending in the civil Court, Pehowa in which an order of stay had been passed. It was stated that in view of the pendency of the civil suit, an application for correction of khasra girdwari was not maintainable. The Assistant Collector 2nd Grade, Pehowa vide order CWP No. 17115 of 2006 [2] dated 29.4.2004 (Annexure P2) found no force in the contention raised on behalf of Des Raj (respondent No.3) regarding deferring the decision in the case till the decision of the civil Court. Des Raj (respondent No.3) aggrieved against the said order filed an appeal before the Collector who vide order dated 26.8.2004 (Annexure P3) adjourned the appeal sine die till decision of the civil Court. The petitioner aggrieved against the same filed an appeal under Section 13 of the Punjab Land Revenue Act before the Commissioner, Ambala Division, Ambala who vide order dated 20.12.2005 (Annexure P4) set aside the order dated 26.8.2004 (Annexure P3) passed by the Collector and restored the order dated 29.4.2004 (Annexure P2) passed by the Assistant Collector 2nd Grade, Pehowa. In revision petition filed by Des Raj (respondent No.3), the learned Financial Commissioner vide order dated 15.9.2006 (Annexure P5) set aside the order dated 20.12.2005 (Annexure P4) passed by the Commissioner, Ambala Division, Ambala and upheld the order dated 26.8.2004 (Annexure P3) passed by the Collector, Pehowa. In the net result, the proceedings were adjourned sine die to await the decision of the civil Court. The petitioner aggrieved against the order dated 15.9.2006 (Annexure P5) passed by the learned Financial Commissioner, Haryana has filed the present petition. During the course of hearing, it is brought to my notice that in the suit for permanent injunction filed by Des Raj (respondent No.3) against the petitioner Ram Kishan and his four sons namely Ishwar @ Kala, Dharam Pal, Narsi and Om Parkash has been decided in favour of Des Raj (respondent No.3) on 29.5.2009. The defendants in the suit including Ram Kishan (petitioner) have been restrained from dispossessing the plaintiff Des Raj (respondent No.3) from the suit land, even if he is in possession of more than CWP No. 17115 of 2006 [3] his share, forcibly and illegally without getting the suit land partitioned and except in due course of law. In view of the said decision of the learned Additional Civil Judge (Sr. Division), Pehowa passed on 29.5.2009, the present petition has been rendered infructuous as the grievance of the petitioner was that the proceedings were not liable to be adjourned sine die till the decision of the civil suit. Now that the civil suit has been decided, the matter has been rendered infructuous. Accordingly, the writ petition is dismissed as infructuous. (S.S. SARON) JUDGE September 23, 2009 amit