High CourtsDivision Bench(2012) 12 P&H CK 0087

Charan Singh and Another vs The Commissioner and Others

Punjab And Haryana At Chandigarh · Decided on 7 December 2012

HON’BLE JUDGES
Rekha Mittal, J · Rajive Bhalla, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 2025 of 2012 (O and M)

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Judgment

8 paragraphs · 194 words

Rajive Bhalla, J.

C.M. No. 5321 of 2012

Allowed as prayed for.

C.M. No. 5322 of 2012 and

LPA No. 2025 of 2012

1.

The appellants, pray that order dated 21.11.2012, dismissing their writ petition, may be set aside. Counsel for the appellants submits that as the gift deed was ignored by the Assistant Collector, while declaring surplus area in the hands of Jethu Singh, the entry regarding the gift deed in the revenue record should be deleted by recording a "Fard Badar". It is argued that the impugned order directing the appellants to approach a Civil Court for deletion of the said entry is contrary to law, and may be set aside.

2.

We have heard counsel for the appellants, perused the impugned order as well as orders passed by revenue authorities and find no reason to interfere with the impugned orders. A person aggrieved by an entry in the record-of-rights or in an annual record, is required by, Section 45 of the Punjab Land Revenue Act, 1887, to approach a Civil Court. Fard Badar, i.e., a correction, particularly, when parties are already litigating on the question of title, cannot be recorded.

Dismissed.