CWP No.18513 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18513 of 2008 Date of decision:10.08.2010 Kartar Singh and another ...... Petitioners VERSUS State of Punjab through its Chief Secretary, Civil Secretariat, Punjab, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Kulbhushan Soi, Advocate for the petitioners. Mr.Anupinder Singh Grewal, Addl.A.G., Punjab for respondents no.1 to 4. Mr.L.S.Sidhu, Advocate for respondent no.5. ***** RAJIVE BHALLA.J (Oral) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 14.02.2008, passed by the Deputy Commissioner, Ferozepur, directing the correction of the Girdawari in favour of the Punjab Government. Counsel for the petitioners submits that though the Deputy Commissioner, is the administrative head of a revenue district, the question whether a Girdawari should or should not be changed has to be determined by a revenue officer, exercising powers under the Punjab Land Revenue Act, 1887 (hereinafter referred to as the Act). It is, therefore, argued that the order passed by the Deputy Commissioner, directing change of the Girdawari in favour of the Punjab Government, is without jurisdiction and should be set aside. CWP No.18513 of 2008 -2- Counsel for the private respondent submits that he has been unnecessarily arrayed as respondent and he has nothing to do in the matter. Counsel for the State of Punjab, submits that as the petitioners are unauthorised occupants of Government property, the Deputy Commissioner, was well within his rights to direct revenue officers to cancel the Girdawari, recorded in the name of the petitioners by conniving with the then Patwari. I have heard counsel for the parties and perused the impugned order. Section 11 of the Act, empowers a Deputy Commissioner, to exercise administrative control, in a revenue district. The power under Section 11 is administrative and therefore, does not empower a Deputy Commissioner, to order corrections in revenue record. Any person, including the Government, aggrieved by a Girdawari has to take resort to the remedies prescribed under the Act. Under no circumstance can a Deputy Commissioner, exercising powers under Section 11 of the Act, direct change of a Girdawari. In view of what has been stated hereinabove, the writ petition is allowed, the order dated 14.02.2008, passed by the Deputy Commissioner, Ferozepur, is set aside. The Deputy Commissioner, would be at liberty to place before the revenue officer competent to consider the validity of the Khasra Girdawari, recorded in the name of the petitioners, for consideration, in accordance with law. 10.08.2010 [RAJIVE BHALLA] shamsher JUDGE