Harcharan Singh Gill v. State Of Punjab And Others

Singh, by hatching conspiracy, got the ancestral land of petitioner mutated in his name and took forcible possession of the same. 2.1 It is the case of petitioner that his entire family is settled in Australia and he, being the senior citizen, was unable to take care of his ancestral land alone; and the land has wrongly been transferred in the name of Balwant Singh.

2.2 It is stated by the petitioner that he had submitted representation dated 05.09.2022 (Annexure P-2) before the learned Deputy Commissioner, Amritsar; however, no action was taken thereupon. Thereafter, petitioner filed a writ petition bearing CWP No.21933 of 2022 before this Court, which was disposed of vide order dated 12.02.2024 (Annexure P-3) with a direction that the Deputy Commissioner, Amritsar shall look into the representation dated 05.09.2022 of the petitioner and decide the same within a period of four weeks from the date of passing of said order, i.e. 12.02.2024.

2.3 Petitioner further states that despite the aforesaid order dated 12.02.2024 (Annexure P-3), no action was taken on representation dated 05.09.2022; therefore, petitioner preferred a contempt petition (COCP No.1833 of 2024), wherein notice was issued and during pendency of the same, learned Deputy Commissioner-cum-Collector, Amritsar disposed of petitioner's representation dated 05.09.2022 vide impugned order dated 08.07.2024 (Annexure P-1), without entertaining petitioner's claim.

3.

05.09.2022 (Annexure P-2) and has not enquired into the fact that how his property has been transferred in the name of Balwant Singh. It is submitted that the claim of petitioner is genuine one and the Deputy Commissioner has declined to entertain the petitioner's representation by observing that he could have availed his statutory remedy under Section 45 of the Punjab Land Revenue Act, 1887. 5.

Heard.

6.

Impugned order dated 08.07.2024 (Annexure P-1) passed by the learned Deputy Commissioner-cum-Collector, Amritsar, reads as under:- "

7.

A bare perusal of the aforesaid order (Annexure P-1) shows that the land belonging to Santa Singh was transferred in the name of Balwant Singh on the basis of succession, vide Mutation No.1176 dated 21.01.1948.

It is further borne out that thereafter even consolidation of the village land had taken place in the year 1954-55.

8.

Apparently, the predecessor of petitioner and/or the petitioner have failed to avail their legal remedies in accordance with law against the aforesaid Mutation No.1176 dated 21.01.1948. The petitioner has not placed on record the subsequent revenue records; and by now, various subsequent jamabandi must have come into existence. Petitioner appears to have been sleeping over his rights, if any. It cannot be accepted that the petitioner was not aware of the position existing in the revenue records for all these years. 8.

1 Be that as it may, the Deputy Commissioner, Amritsar has considered the claim of the petitioner and has rightly observed that in view of the statutory restrictions under the Punjab Land Revenue Act, 1887, the revenue officials, at this belated stage, cannot interfere in the said settled entries incorporated in Jamabandi for the year 1954-55. It has further been rightly held that in case, the petitioner or his father was aggrieved against the sanctioning of Mutation No.1176 dated 21.01.1998 and/or the subsequent mutations sanctioned in favour of the successors-in-interest then the appropriate remedy was to assail the same before the competent authority/Court.

9.

Section 45 of the Punjab Land Revenue Act, 1887 would read as under:- 10.

Keeping in view the aforesaid facts and circumstances, I do not

find any error in the observations made by the Deputy Commissioner-cumCollector, Amritsar in the impugned order dated 08.07.2024 (Annexure P-1). Resultantly, the instant writ petition is dismissed. 11.

All the pending application(s), if any, shall also stand closed.