IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 142 of 2008 Date of Decision: 3.6.2008 ________________________________________________________________ Jagdish Chand & Ors. ….. Petitioners Versus Larja Ram … Respondent. ________________________________________________________________ Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting? For the Petitioner : Mr. Ajay Sharma, Advocate. For the Respondent(s) ________________________________________________________________ Deepak Gupta, J (Oral). This petition is directed against the order of the learned Executing Court dated 25.4.2008 whereby he has directed the revenue authorities to ensure that the judgment and decree passed by the Civil Court is executed in accordance with law. The brief facts of the case are that a decree was passed in favour of respondent Larja Ram whereby he was held entitled to possession of 7 marlas of suit land comprised in khasra No. 1305/1192/1. The learned trial Court found that the petitioners, hereinafter referred to as - 2 - the defendants, had raised construction on this khasra number and, therefore, a decree of possession was passed with a further direction that unauthorized construction be removed. This decree was passed on the basis of a report given by the Naib Tehsildar, Bhoranj that the defendants had raised construction on khasra No. 1305/1192/1 measuring 0-7 marals. Larja Ram filed an execution petition. When the warrants were sent for execution, a report was made by the Naib Tehsildar, Bhoranj that the previous demarcation made by the Local Commissioner appeared to be wrong and as per fresh demarcation, no construction raised by the defendants has been found on khasra No. 1305/1192/1 and the construction raised onthis khasra number has been made by the plaintiff Larja Ram himself. Thereafter the executing court issued notice to the Collector to show cause why action should not be taken against him for committing contempt of court. The Collector filed reply and with the reply the allegations made previously were supported again on the basis of the report submitted by the Naib Tehsildar. The Executing Court did not accept this explanation and directed the - 3 - Collector to execute the judgment and decree. Hence, the present petition. It is apparent from the facts of the case that the decree was passed on a report given by the Naib Tehsildar. The objection to the Local Commissioner’s report was rejected and the decree was not challenged by any party and it become final. Now the officer holding the office of Naib Tehsildar, Bhoranj is making out a case that the earlier report is not correct and not in accordance with the revenue record. This cannot be permitted to be done. This Court has come across a number of cases where the revenue authorities during the pendency of the case give reports or furnish documents on the basis of which the suit is decided. When the decree passed in terms of the said report or documents have to be executed, the revenue authorities themselves turn around and deny the authenticity and correctness of the earlier report or documents. In case the revenue authorities are allowed to sit over the judgment of the Civil Courts, it will create havoc. No court not even an Executing Court can go behind a decree. - 4 - No doubt, the Executing Court may in a given situation where the land has not been identified properly in the decree or there have been some changes in the land can order demarcation but in the present case the situation is totally different. One revenue officer gave a report on the basis of which a decree was passed. Now the second revenue officer cannot ask the court to virtually re-call its earlier decree to review its earlier order especially when the decree was not challenged by any party. The petition is, therefore, dismissed and it is directed that the revenue authorities shall ensure that the decree is executed on the basis of the demarcation done by the Local Commissioner which was accepted by the Civil Court. June 3, 2008 ( Deepak Gupta), J. s.