Revenue Officials Bound To Effect Mutations In Record According To Court's Decree: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that it is the duty of revenue officials to incorporate the court's decree in the revenue record, in true letter and spirit.The observation was made while dealing with a petition for quashing impugned order wherein Naib Tehsildar-cum-Assistant Collector had ignored the decree of the civil court which held that the Will is valid in favour of...
The Punjab and Haryana High Court has held that it is the duty of revenue officials to incorporate the court's decree in the revenue record, in true letter and spirit.
The observation was made while dealing with a petition for quashing impugned order wherein Naib Tehsildar-cum-Assistant Collector had ignored the decree of the civil court which held that the Will is valid in favour of petitioner's predecessor. This order was upheld upto the Supreme Court. However, the Tehsildar refused to sanction mutation in favour of the petitioners.
The bench comprising Justice Arvind Singh Sangwan relied on Rajesh Kumar Vs. Financial Commissioner and others, 2009 (11) RCR (Civil) 316, wherein it was held that the mutations according to decree of the Court are to be given effect, even if an appeal is pending against the decree and the revenue authorities are not bound to wait for order of the Court.
It observed that Naib Tehsildar had "daringly ignored" Civil Court's judgment which was even upheld upto the Supreme Court.
However, the bench refrained from initiating contempt proceedings against the Naib Tehsildar and granted him an opportunity to pass a fresh order, strictly in compliance with the decree dated 14.08.1978.
Though this Court finds that the impugned order has been passed to violate the mandate of the decree, however, instead of initiating contempt proceedings, one opportunity is granted to Naib Tehsildar-cum-Assistant Collector 2nd Grade, Ambala Cantt to pass a fresh order, strictly in compliance of the decree dated 14.08.1978, as upheld upto the Hon'ble Supreme Court of India.
Accordingly, the court allowed the petition and set aside the impugned order. Court further directed the Naib Tehsildar-cum-Assistant Collector 2nd Grade, Ambala Cantt to sanction the mutations in terms of the Civil Court decree dated 14.08.1978 in its letter and spirit.
Case Title: Satpal Singh and others Versus State of Haryana and others
Citation: 2022 LiveLaw (PH) 179