JUDGEMENT
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(1.) On 6.6.2000, respondent No.4 filed an application
seeking correction of Khasra Girdawari of the land in dispute 1997
from Sauni 1997 to Hari 2000. This application was consigned to
record and thereafter was never pursued. After about two months on
2.9.2000, respondent No.4 filed another application, seeking the
same correction, which was dismissed. This order was also not
challenged and attained finality. Later, another attempt is made by
filing another application on 31.5.2001. Same was also rejected,
followed by yet another application, which was permitted to be
withdrawn with liberty to file a fresh. Respondent No.4 then filed
application on 22.10.2001, which was opposed by the the petitioner,
as the matter was pending before a Civil Court, where the status-quo
order was passed. Assistant Collector adjourned this application
sine-die till the decision of the Civil Court.
(2.) Respondent No.4 then appealed against this order and
the Collector remanded the case to the Assistant Collector, directing
him to carry out correction of girdawari entries for the period
subsequent to jamabandi for the year 2001-02 after visiting the spot.
(3.) Plea is that this order is totally contrary to the order passed by Civil
Court and without jurisdiction, besides being contrary to the ratio of
law laid down by this Court. The petitioner accordingly filed an appeal
against this order before the Commissioner, which was dismissed on
29.4.2005 by passing a non-speaking order. Thus, the petitioner was
forced to approach the Financial Commissioner, who has also upheld
the order of remand. The petitioner now has filed the present writ
petition to challenge these orders.;
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