• Regarding agriculture path

Hi sir/Mam,
                    I have agricultural land and house made on it in the state of Haryana district Sirsa. My house and agri land have no legal access. I am using the path to my house and land which is owned by my uncle and one other person vijay kumar since 35/40 years. The uncle owned path is cut as a tatima from the main land which was previously owned by my uncle.He has saled the main land from which path of11 ft wide was cut 30 year ago to a third person. The path owned by vijay kumar was provided by the vijay kumar to our joint family house/fields since he was using the path owned by my uncle. Now I have filed a petition in SDM court. Now proceedings have begun. I request SDM to personally inspect the spot since Halka Patwari and Tehsildar is providing illegal support to respondent i.e my uncle and vijay kumar who challenge me to use the path. I wanna tell u that path revenue entry showing" Khudkasht"  not as Gair Mumkin. It is the mistake of patwari not to record the path which is active since long time. Tommorow SDM will visit the spot. I have to prove this path as gair mumkin with the help of witnesses. Is SDM pass any order to correct the khasra girdawari of the path and Is there any benefit of this order in relation to legal access to my land and house on joint khasra by my uncle and me.
Asked 1 year ago in Property Law from Sirsa, Haryana
Religion: Sikh
1. The order of SDM is not of permanent nature and the same can be challenged in court.

2. if the report of SDM goes in favour then it is fine . otherwise file a suit for declaration and injunction in local civil court.

3. Apply for declaration of easementary right over the pathway which you have acquired by law of prescription over the last so many decades.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
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1) let SDM inspect the path 

2) you can rely upon witnesses to  show that path has been used by you for many years to access your land 

3) if SDM passes an order in your favour it will definitely help you in getting right of way to access your land
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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1) gair mumkin  means existence of path on the suit land in dispute . if any such path existed it would be shown in revenue records . 

2)K HASRA GIRDAWAR I The Patwari conducts a field-to-field harvest inspection every six months in the month of October and April. He records the plot-wise details regarding crop grown, land description and status of the cultivator. This register is considered important as it acts as master file for the preparation of many returns and reports. This document is retained in the custody of Patwari for the period of 12 years after which it is retrieved from him and destroyed. No presumption of truth is attached to this record though entries in it are often used as evidence in courts.

3) IF in master file land is shown as gair mumkin land it can be used to prove existence of such path for number of years 

4) if you are able to satisfy SDM of existence of such path you may get favourable orders
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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1) since you are defence employee your complaint would be taken seriously . 

2) your family should have recorded the tehsildar threats and filed complaint of criminal intimidation against tehsildar 

3) your wife should immediatedly place on record the threats received from tehsildar by lodging police complaint under section 506 of IPc for criminal intimidation 

4) i have already explained in my earlier reply kharsa girdwar rule
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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1. You have right of ingress and outgress to your land,

2. SDM will decide about the matter on legal ground after being satisfied with the ground reality without thinking as to who will be benifited.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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SDM will pass order taking in to account that Khasra Girdawar has not been updated for long.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1. If it is a gair mumkin path then he can not declare it as khudkashat,

2. If he does that file a writ Petition before the local High Court against his such illegal action praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Punjab-Haryana High Court
Kamalbir Singh vs Financial Commissioner ... on 11 October, 2012
Letters Patent Appeal No.1601 of 2012 (O&M)             1


IN THE HIGH          COURT     OF      PUNJAB     AND       HARYANA AT
CHANDIGARH.


                        Letters Patent Appeal No.1601 of 2012
                        Date of Decision: 11.10.2012


Kamalbir Singh                            ..Appellant

Versus

Financial Commissioner (Appeals-I), Punjab and others


                                          ..Respondents

CORAM:       HON'BLE MR. JUSTICE RAJIVE BHALLA
             HON'BLE MRS. JUSTICE REKHA MITTAL

Present:     Mr. Akshay Bhan, Advocate for the appellant.


RAJIVE BHALLA, J. (ORAL)
The appellant prays that order dated 20.7.2012 dismissing his writ petition may be set aside.

The appellant, filed an application before Assistant Collector IInd Grade, Nabha, for correction of khasra girdawaries of the years 2003-04, 2004-05 and 2005-06. The application was allowed, vide order dated 30.6.2006. Rajinder Singh, respondent No.5, filed an appeal before the Collector which was dismissed on 25.9.2006. The Commissioner dismissed a revision filed by respondent no.5 on 21.11.2007. The Financial Commissioner (Appeals-I), Punjab, set aside these orders by holding that revenue authorities had no jurisdiction to correct khasra girdawaries, as entries had already been recorded in jamabandies. Aggrieved by this order, the appellant filed a writ petition, which has been dismissed.

Counsel for the appellant submits that as khasra girdawaries were corrected after spot inspection, orders passed by the Assistant Collector IInd Grade, the Collector and the Commissioner should not have been set aside. It is further submitted that as a civil court has, vide order dated 03.04.2006, directed parties to maintain status quo and left the matter regarding revenue entries to be decided by revenue authorities, the correction ordered by Assistant Collector IInd Grade, Nabha, should have been affirmed. It is further submitted that as Rajinder Singh filed an application for appointment of a receiver, it amounts to an admission on his part, that he is not in possession of the land, in dispute.

We have heard counsel for the appellant, perused the impugned orders and express our inability to entertain the appeal.

Admittedly, jamabandies for the years 1997-98 and 2002-03, record Rajinder Singh in possession. If these entries are incorrect, the appellant was required to challenge them by filing a civil suit as required by section 45 of the Punjab Lands Revenue Act, 1887 (hereinafter referred to as the "1887 Act"). The appellant, instead of availing remedy under Section 45 of the 1887 Act, approached a revenue officer to change khasra girdawaries with an apparent object that, after correction, he would be able to prove his possession. The application was allowed, but was rightly rejected by the Financial Commissioner. An entry once recorded in a jamabandi, cannot be rectified, by revenue officers and the only remedy of an aggrieved person, is to file a civil suit under section 45 of the 1887 Act. A civil suit is, admittedly, pending adjudication. The appeal is, therefore, dismissed with liberty to the appellant to approach the Assistant Collector, IInd Grade/Collector, Nabha, District Patiala, for recording an entry in the `remarks column' of the relevant jamabandi, that a civil suit is pending.

Disposed of accordingly.




                                        ( RAJIVE BHALLA )
                                               JUDGE


11.10.2012                              ( REKHA MITTAL )
VK/ avin                                      JUDGE
 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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unjab-Haryana High Court
Gurdev Singh vs Financial Commissioner ... on 4 September, 2012
CIVIL WRIT PETITIOIN NO.15484 OF 2010                                  :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                            DATE OF DECISION: SEPTEMBER 04, 2012


Gurdev Singh

                                                             .....Petitioner

                            VERSUS

Financial Commissioner (Appeals-II), Punjab, Chandigarh and others

                                                              ....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

Present: Mr. M. S. Rakkar, Sr.Advocate with
         Mr. P. S. Baath, Advocate,
         for the petitioner.

             Mr. B.B.S.Teji, Addl.A.G., Punjab,
             for the State.

             Mr. K. S. Cheema, Advocate,
             for respondent No.5.

                    *****

RANJIT SINGH, J.
This order will dispose of Civil Writ Petition Nos.15484 of 2010 (Gurdev Singh Vs. Financial Commissioner (Appeals-II), Punjab, Chandigarh and others) and 15241 of 2010 (Avtar Singh Vs. Financial Commissioner (Appeals-II), Punjab, Chandigarh and others). For disposal of these writ petitions, the facts are being taken from Civil Writ Petition No.15484 of 2010.

The petitioner had filed an application for correction of Khasra Girdawari regarding land bearing Khewat No.24, Khatoni CIVIL WRIT PETITIOIN NO.15484 OF 2010 :{ 2 }:

No.46, Khasra Nos.13//2/2 (5-4), 20//8 (7-8) situated in Village Simbli, Tehsil and district Hoshiarpur. After inspecting the spot, the Assistant Collector ordered correction of Khasra Girdawari on 14.6.2000 in the name of the petitioner as was prayed for.

Avtar Singh, respondent No.14 had also filed a separate application for correction of Khasra Girdawari in his favour, which was also allowed. Respondent No.5, Jaswant Singh, filed two appeals against the aforesaid orders passed by the Assistant Collector before the Collector. The Collector accepted the appeals and set-aside the orders passed by the Assistant Collector, which is stated to be on flimsy grounds and without taking into consideration the evidence led by the parties. The petitioner then filed an appeal before the Commissioner. Avtar Singh also appealed against the order before the Commissioner. Both the appeals were heard and dismissed on 30.4.2003. Against these orders, the petitioner and Avtar Singh filed revisions, which were dismissed on 2.12.2009. Reference is made to the dispute, which had arisen before the Civil Court. Two appeals were filed against the judgements and decrees passed by the Civil Judge, which were accepted by the Additional District Judge vide judgement dated 28.9.2004, Annexures P-5 and P-6. Even the Regular Second Appeals filed against these orders were dismissed and copies of the orders are on record as Annexures P-7 and P-8. The Special Leave Petition filed against this order was also dismissed and order in this regard is Annexure P-9.

The submission of counsel for the petitioner is that the Civil Court decrees, which have acquired finality, are required to be CIVIL WRIT PETITIOIN NO.15484 OF 2010 :{ 3 }:

followed by the revenue authorities. He further stated that the Collector and other authorities have ignored the findings recorded in the decrees passed by Civil Court.

Mr.Cheema, counsel appearing for respondent No.5, has seriously joined issue in this regard with learned counsel for the petitioner. The counsel rather submits that he would also rely upon judgements and decrees, Annexures P-5 and P-6. As per him, the jamabandi entries have been recorded strictly as per the judgements and decrees passed by the Civil Court.

Since there is no dispute between the parties, what was required to be seen is whether the decrees of the Civil Court have been kept in view while recording jamabandi entries. Primarily nothing could be pointed out before me that the jamabandi is contrary to the decrees, Annexures P-5 and P-6. However, still, if there is any violation of the Civil Court decrees, Annexures P-5 and P-6, which have acquired finality, the petitioner would be at liberty to move an application before the Financial Commissioner for correction of the entries. Otherwise, no case for interference in the writ petitions is made out.

The writ petitions are accordingly dismissed.

September 04, 2012                             (RANJIT SINGH )
khurmi                                             JUDGE
 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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 GUIDELINES/PROCEDURE TO PROCURE REVENUE DOCUMENTS/
AVAIL REVENUE SERVICE
 
Name of service
Correction of Khasra Girdawari
Name of the Deptt/.
Revenue Deptt.
Scope of service
Khasra Girdawari can be corrected only for the period relating to the current  Jamabandi which would be incorporated in the next Jamabandi.
Terms of service
Any person claiming his cultivating possession can apply.
Procedure
The applicant personally or through his counsel submits an application to the CRO-cum- AC II grade for the correction of  Khasra Girdawari . Respondents are summoned who submit reply. After this both the counsels argue. First of all applicant submit documentary evidence in support of his possession over the land. Therefore, respondent submit documentary evidence. Spot of  the disputed Land is inspected in presence of both the parties, Namberdar, respectables etc. On the basis of above facts ,the possession is decided. Patwari is informed of the decision, which is incorporated in the record.
Forms
Copy of current Khasra girdawari and Jamabandi
List of documents
(i) Application in prescribed form with proper court fees.
(ii) Copy of current khasra Girdawari and Jamabandi
(iii) Talbana
(iv) Vakalatnama
Method of inspection
Concerned CRO inspects the spot in presence of both the parties, Nambardar, Chaukidar, patwari and other respectables of the village.
Time frame
Within 3 months
Related official
Tehsildar/Naib Tehsildar-cum-AC IInd Grade
Fees for services
---
Approving Authority
Concerned Tehsildar /Naib Tehsildar-Cum-AC IInd Grade
Complaint removal official
Sub Divisional Magistrate-Cum-AC Ist Grade
 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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1. SDM has the authority to pass order to update the khasra Girdawari of the said path,

2. File an application before him to that effect,

3. If he fails and neglects to act file a writ Petition before the local High Court against his said inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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