PARVEEN KAUR AND OTHERS Vs. FINANCIAL COMMISSIONER (CO-OPERATION), PUNJAB, CHANDIGARH AND OTHERS
LAWS(P&H)-2012-7-394
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 17,2012

PARVEEN KAUR AND OTHERS Appellant
VERSUS
FINANCIAL COMMISSIONER (CO-OPERATION), PUNJAB, CHANDIGARH AND OTHERS Respondents

JUDGEMENT

- (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 Same was also rejected, followed by yet another application, which was permitted to be withdrawn with liberty to file a fresh.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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