CWP No.6355 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6355 of 2008 Date of decision:28.07.2010 Balbir Singh ...... Petitioner VERSUS The Assistant Collector, Second Grade-cum-Naib Tehsildar-G, Karnal and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.K.C.Rajput, Advocate for the petitioner. Mr.D.Khanna, Addl.A.G., Haryana for respondents no.1 to 3. Mr.R.S.Budhwar, Advocate for respondent no.4. Mr.R.S.Pathania, Advocate for respondent no.5. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the rapat Roznamcha dated 08.10.2006, recorded by the Halka Patwari, the order changing the Khasra Girdawari in favour of respondent no.4 from Kharif 2006 and the order dated 23.10.2007, passed by the Naib Tehsildar-cum-Assistant Collector, IInd Grade, Karnal. Counsel for the petitioner submits that as it is settled by a long line of judicial precedents that a revenue officer cannot alter a Khasra Girdawari during the pendency of a civil suit, particularly when a civil court has ordered parties to maintain status quo. The order changing the Khasra Girdawari during the pendency of the civil suit and after the Additional Civil Judge (Senior Division), Karnal, vide orders dated 12.09.2007 and 17.10.2007, directed parties to maintain status quo with respect to CWP No.6355 of 2008 -2- possession, is null and void. Counsel for the respondents no.4 and 5 submit that the order passed by the Naib Tehsildar-cum-Assistant Collector, IInd Grade, Karnal, is appealable before the Collector and therefore, the petitioner should be relegated to his remedy of filing an appeal. It is also pointed out that the petitioner's brother filed an appeal against this order, which has been dismissed by the Collector. Admittedly, an order altering a Khasra Girdawari is appealable under Section 13 of the Punjab Land Revenue Act, 1887. The petitioner, filed an appeal as is apparent from the order dated 17.12.2008 but withdrew the appeal on 22.12.2008 on account of the pendency of this petition. The petition is therefore, disposed of by relegating the petitioner to his alternative remedy of filing a fresh appeal under Section 13 of the Act. The Collector, shall while deciding the appeal, take into consideration the plea that during pendency of a civil suit or the subsistence of an injunction, a revenue officer cannot alter a Khasra Girdawari. The withdrawal of the appeal on account of the pendency of the writ petition shall not operate as an impediment in the Collector deciding the appeal, on merits. Disposed of accordingly. 28.07.2010 [RAJIVE BHALLA] shamsher JUDGE