Babu Singh and others. vs Ram Partap and others .

K.S. Narang, F.C

This is an application filed by Ram Partap and 6 others sons of Phaggu residents of village Loha Kheri against the order dated 254 1980, of the Financial Commissioner Taxation, Punjab, whereby he accepted the references dated 821979 of the Commissioner, Patiala Division, recommending that the order dated 951975 of the Collector, District Patiala, whereby he sanctioned review of mutation No. 386 of village Loha Kheri, which stood incorporated in Jamabandi, should be quashed.

Counsel for the petitioners Babu Singh etc. pleads that mutation already stands incorporated in the Jamabandi and the Collector could not pass order for the review of the mutation in such circumstances. Counsel for the respondents on the other hand argues that mutation proceedings were not finalised when the lower revenue officers incorporated it in the Jamabandi which they could not do. He has cited 1967 PLJ page 202 in support of his pleadings. He contends that mutation proceedings had not become final and the point in issue was still being agitated. He, therefore, urges that the recommendation of the Commissioner may be declined.

I have heard both the learned counsel and have gone through the orders of the lower revenue officers. In the case in hand, mutation stood incorporated in the Jamabandi. Once an entry is incorporated in the Jamabandi the hands of the revenue officers get tied. The ruling cited by the learned counsel does not lay law. The only remedy available to the aggrieved party is to obtain a decree from a Court of competent jurisdiction. I, therefore, uphold the order dated the 2541980 of the learned Financial Commissioner Taxation and dismiss the application accordingly.