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(2004) Law Today Live Doc. Id. 10343 = 2004 L.A.R. 405
Decided on 19.04.2004
For the Petitioners: Shri P.S. Gill, Advocate, proxy counsel of Shri K.K. Goyal, Advocate.
For the Respondent: Shri Anil Sharma, Advocate.
Punjab Land Administration Manual, Para 349-365 – Khasra Girdawari – Banjar Qadim -- Application for the correction of Khasra Girdawri in respect of Banjar Qadim land could not be entertained -- Entries of possession of Column 3 of the register are exclusively with reference to the cultivation of land i.e. to show who has cultivated the land for a particular crop -- It is not envisaged that the Khasra Girdawari register should show the possession of land with reference to any activity other than the cultivation of crops.
(Para 1, 2)
ORDER
Mr. Mukul Joshi, I.A.S., Financial Commissioner. – This is a Revision Petition against the order of the Commissioner, Patiala Division dated 7.9.1998 vide which he accepted an appeal filed by the present Respondents against the order of the Collector, Samrala, Distt. Ludhiana dated 16.9.1992 in the matter of correction of Khasra Girdawari for the period Kharif 1988-89 upto Rabi 1990-91 in respect of land in dispute. In this case, in the application filed by the present appellant in respect of correction of Khasra Girdawari for the above crops in the land in dispute, the Assistant Collector Grd. I vide his order dated 17.2.1992 rejected the application primarily on the ground that the land in question was classified in the Jammabandi as Banjar Qadim and no crops were cultivated on it. Since the Khasra Girdawari is the record of cultivation the application for the correction of Khasra Girdawri in respect of Banjar Qadim land could not be entertained. The Collector vide his order dated 16.9.1992 set aside the order of the Assistant Collector 1st Grade and ordered the Khasra Girdawari be corrected. The Commissioner, however, in the appeal agreed with the decision taken by the Assistant Collector and set aside the order of the Collector and upheld the order of the Assistant Collector.
Before me counsels for both the parties appeared. The central issue in this case is whether an application for correction of entries in the Khasra Girdawri register in respect of uncultivated land is maintainable or not. Both the counsels reiterated the pleadings made in the lower Courts.
2. I have heard the arguments of the Counsels. The provision for maintaining of Khasra Girdawri, known as the ‘Harvest Inspection Register’ are contained in para 349 to 365 of the Punjab Land Administration Manual. It is evident from a plain reading of this that the entries of possession of Column 3 of the register are exclusively with reference to the cultivation of land i.e. to show who has cultivated the land for a particular crop. It is not envisaged that the Khasra Girdwari register should show the possession of land with reference to any activity other than the cultivation of crops.
3. In view of the above I would agree with the view taken by the Assistant Collector 1st Grade as well as the Commissioner. The Revision Petition is, therefore, dismissed.
4. To be communicated.
Petition dismissed.
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