Civil Writ Petition No. 17448 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 17448 of 2008 Date of Order: 5th January, 2011 Gurdeep Singh ....Petitioner Versus Financial Commissioner (Cooperation), Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Harsh Bunger, Advocate for the petitioner Ms. Anu Pal, AAG, Punjab for respondents no.1 to 4 Mr. R.P.S.Rana, Advocate for respondents no.5 to 8. RAJIVE BHALLA, J. The petitioners prays for issuance of a writ in the nature of certiorari for quashing orders dated 28.05.1998, 13.08.1999 , 25.01.2000, 04.08.2003, passed by the Assistant Collector 2nd Grade, Jalandhar-I, the Sub Divisional Magistrate-cum-Collector, Jalandhar-I, the Commissioner, Jalandhar Division, Jalandhar and the Financial Commissioner (Cooperation), Punjab, respectively. Counsel for the petitioner submits that as the Civil Judge (Junior Division), Jalandhar, has held in his judgment and decree dated 09.04.1997, duly affirmed upto the High Court that the petitioner is in possession of land bearing khewat no.61, khatauni no.99, khasra no.25 (3 kanals 4 marlas), revenue authorities have no jurisdiction to record a khasra girdwari to the contrary. It is further submitted that another civil suit filed by respondents no.7 to 10 claiming ownership and possession was Civil Writ Petition No. 17448 of 2008 -2- dismissed by the Civil Judge (Junior Division), Jalandhar vide judgment and decree dated 22.10.1999, thus establishing that the petitioner is in possession of the land in dispute. It is further submitted that as revenue officers are bound by findings recorded by a civil court, the writ petition should be allowed, the impugned orders should be set aside and the Assistant Collector 2nd Grade, Jalandhar-I, should be directed to record a mutation in accordance with findings recorded by civil courts. Counsel for respondents no.5 to 8 submits that as revenue officers have recorded concurrent findings of fact that respondents no.5 to 8 are in possession of the land in dispute, the writ petition should be dismissed. It is further argued that as a khasra girdwari is recorded to reflect actual physical possession, findings recorded by revenue officers that respondents no.5 to 8 are in possession should be affirmed. I have heard counsel for the parties and am satisfied that the impugned orders are null and void, for failure of revenue officers to adhere to the limits of their limited jurisdiction. Respondents no.7 to 10 along with one Nirmal Singh filed a civil suit before the Civil Judge (Junior Division), Jalandhar, praying for a declaration of their joint ownership and for a permanent injunction to restrain the petitioner from interfering in their possession. The petitioner filed a separate suit praying for a permanent injunction to protect his possession. During pendency of these suits, respondents no.5 to 10 filed an application for correction of the khasra girdwari. In the meanwhile, the Civil Juge (Junior Division), Jalandhar, vide order dated 09.04.1997 decreed the petitioner's suit for permanent injunction, by holding that the petitioner is in possession of the land in dispute. The Assistant Collector 2nd Grade, Jalandhar-I, however, vide order dated 28.05.1998 ordered correction of the khasra girdwari in the name of respondents no.5 to 10, disregarding the judgment and decree passed by the civil court. The Civil Writ Petition No. 17448 of 2008 -3- appeals filed by the petitioner before the Collector and the Commissioner were dismissed and as was the revision filed before the Financial Commissioner. The judgment and decree dated 09.04.1997, passed by the Civil Judge (Junior Division), Jalandhar, was affirmed by the Additional District Judge, Jalandhar on 16.01.2002 and by the High Court on 18.02.2005. The dispute in the present case is whether a revenue officer can record a khasra girdwari to reflect possession at variance with findings regarding possession recorded by a civil court. A revenue officer exercises powers under the Punjab Land Revenue Act, 1887 (hereinafter referred to as the Act) and prepares annual records commonly known as the khasra girdwari in accordance with the procedure prescribed by Sections 34 to 37 of the Act. Khasra girdwaris are entered and altered from time to time on the basis of harvest inspections or on the basis of admitted change of possession. Where a civil court has decided a dispute relating to possession of land, a revenue officer is required to record a khasra girdwari in accordance with the finding so recorded. A revenue officer cannot, disregard findings recorded by civil courts or record conclusions contrary to the finding recorded by a civil court. The Civil Judge (Junior Division), Jalandhar, decreed civil suit no.353 of 1995 on 09.04.1997 by holding that the petitioner is in possession. The injunction granted by the Civil Judge was affirmed in appeal by the Additional District Judge, Jalandhar. A Regular Second Appeal No.2415 of 2002, filed by the respondents was dismissed on 18.02.2005 thereby affirming the judgments and decrees passed by the Civil Judge (Junior Division), Jalandhar and the Additional District Judge , Jalandhar. It would also be necessary to point out that a suit filed by some of the private respondents for grant of declaration of their joint ownership and for issuance of a permanent injunction against the petitioner was Civil Writ Petition No. 17448 of 2008 -4- dismissed by the Civil Judge (Junior Division), Jalandhar on 22.10.1999. Despite the judgments and decrees passed by the civil courts in favour of the petitioner, revenue officers have recorded findings contrary to findings recorded by civil courts. The impugned orders are a nullity and would have to be set aside. The writ petition is, therefore, allowed, the impugned orders are set aside and the matter is remitted to the Assistant Collector 2nd Grade, Jalandhar-I, to enter a fresh mutation, after considering the judgment and decree passed by the Civil Judge (Junior Division), Jalandhar, dated 22.10.1999 duly affirmed upto the High Court, within three months from receipt of a certified copy of this order, after hearing all parties concerned. No order as to costs. Parties are directed to appear before the Assistant Collector 2nd Grade, Jalandhar-I, on 23.02.2011. January 5th, 2011 (RAJIVE BHALLA) nt JUDGE