Civil Writ Petition No. 4684 of 2006(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4684 of 2006(O&M) Date of Order: 23.02.2010 Zila Parishad, Ludhiana ....Petitioner Versus Financial Commissioner and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. P.S.Khurana,Advocate for the applicant-petitioner. Mr. S.S.Sahu, AAG, Punjab, for respondents No.1 to 3. Mr. Vikas Mehsempuri, Advocate for respondents no.4 and 5. RAJIVE BHALLA, J (Oral). C.M.No.20105 of 2009 Allowed as prayed for. C.M.No.20106 of 2009 Allowed as prayed for. Annexures P-10 to P-15 are taken on record. Civil Writ Petition No. 4684 of 2006 The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders, passed by the Financial Commissioner (Appeals-II), the Commissioner, Patiala Division, Patiala and the Assistant Collector IInd Grade, Ludhiana (East). The private respondents approached the Assistant Collector IInd Grade, Ludhiana, for alteration of the khasra girdwari with Civil Writ Petition No. 4684 of 2006(O&M) -2- respect to a part of land measuring 4920 Sq. Yards situated in Khasra No.895. Vide order dated 09.07.2004, the Assistant Collector IInd Grade, Ludhiana, allowed the application and directed that the khasra girdwari be recorded in the name of the private respondents. The petitioner filed an appeal before the Collector, Ludhiana, who set aside the order and remitted the matter to the Assistant Collector IInd Grade, Ludhiana to decide the dispute afresh. The private respondents thereafter filed an appeal before the Commissioner, Patiala Division, Patiala, who accepted the appeal, set aside the order passed by the Collector and restored the order passed by the Assistant Collector IInd Grade. The revision filed by the petitioner before the Financial Commissioner was dismissed on 19.07.2005. Counsel for the petitioner submits that the land in dispute belongs to the Zila Parishad. As the private respondents are unauthorised occupants, revenue authorities have no jurisdiction to correct the khasra girdwari in their favour. It is submitted that though the petitioner has filed an application under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act) and has also lodged an FIR for unauthorised occupation of the land, revenue authorities have no jurisdiction to order correction of the khasra girdwari in favour of an unauthorised occupant particularly when the unauthorised occupation is the result of a criminal trespass. Counsel for the private respondents, on the other hand, submits that they are in possession since 1965 and, therefore filed a Civil Suit wherein an order has been passed restraining the petitioner Civil Writ Petition No. 4684 of 2006(O&M) -3- from demolishing the construction. By filing a petition under Sections 4 and 5 of the Act and getting an FIR registered, the petitioner has, admitted that the private respondents are in possession. The revenue authorities, therefore, are duty bound to correct the khasra girdwari in favour of the private respondents. It is further submitted that pursuant to a civil court decree dated 08.01.1986, the petitioner has been restrained from dispossessing the private respondents. I have heard counsel for the parties, perused the impugned orders and find no reason to hold that revenue authorities have committed any error. A khasra girdwari is part of the annual record, entered to reflect actual physical possession. A khasra girdwari does not confer legitimacy on the nature of the possession. By filing a petition for possession under Sections 4 and 5 of the Act and getting an FIR registered, the petitioner, has admitted that private respondents are in possession. A civil court decree dated 08.01.1986 was passed to restrain the defendants therein from dispossessing the private respondents, forcibly. Though this decree was passed against the Municipal Corporation, Ludhiana and does not bind the rights of Zila Parishad it fortifies the plea of the private respondents that they are in possession. The revenue authorities rightly ordered the correction of the khasra girdwari. However, the khasra girdwari, corrected in the name of the private respondents shall not confer any right upon the private respondents, other than to allege that they are in possession. In this view of the matter, as the orders passed by the Financial Commissioner and the Commissioner setting aside the Civil Writ Petition No. 4684 of 2006(O&M) -4- order passed by the Collector are legal and valid, the present petition is dismissed. February 23, 2010 (RAJIVE BHALLA) nt JUDGE