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High Court of Punjab and Haryana · body

2025 DAILYLAW 87223 (PNJ)

SHARANJIT KAUR v. STATE OF PUNJAB AND OTHERS

LPA/2320/2025 · 2025-08-07

Rohit Kapoor, To Be Nominated

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 LPA-2320-2025 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 134 LPA-2320-2025 (O&M) Date of Decision: August 07, 2025 Sharanjit Kaur ......Appellant (s) Vs. State of Punjab and others ......Respondent(s) CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Amit Jain, Sr. Advocate with Mr. Chetan Slathia, Advocate for the appellant. ---- ASHWANI KUMAR MISHRA J. (ORAL) The order of the learned Single Judge dated 04.07.2025 passed in CWP-11325-2025 is under challenge in the present appeal which arose out of the mutation proceedings. 2. It transpires that the dispute with regard to the ownership of the property in question has been resolved by this Court in RSA No.351-1988 decided on 02.05.2011 titled as Amarjit Singh vs. Manjeet Kaur and RSA No.3257-1987 decided on 02.05.2011 titled as Sharanjit Kaur Vs. Amarjit Singh and another, arising out of the original suit No.114/313 of 1982-83 dated 11.06.1982. The judgment of this Court has been challenged before Hon’ble the Supreme Court in Special Leave to Appeal No.528 of 2012, wherein an interim protection is said to have been granted. The appellant moved an application before the concerned revenue authority for incorporating the interim order of Hon’ble the Supreme Court in ‘remarks’ column. The SONIA ARORA 2025.08.08 16:46 I agree to specified portions of this document 2 LPA-2320-2025 (O&M) application was kept pending and consequently, the appellant approached this Court by filing CWP No.11325 of 2025, which has been dismissed by learned Single Bench vide order under challenge dated 04.07.2025. 3. Learned Senior counsel for the appellant has placed reliance upon Para 7.12 of the Punjab Land Records Manual to contend that the revenue authorities were under obligation to incorporate the interim orders passed by the Court in the ‘remarks’ column. 4. Para 7.12 of the Punjab Land Records Manual reads as under:- “ 7.12. Orders of Court.-In entering orders of court the patwari should note in red ink in column 15 of the foil and counterfoil the following particulars- (1) name of court; (2) name of parties: (3) abstract of decree.” 5. A perusal of the aforesaid provision would go to show that Patwari is required to note in red ink in column 15 of the foil and counterfoil details of an order passed by the Court; name of the parties; abstract of decree. In our view, Para 7.12 refers to incorporation in the remarks column of orders finally passed by the Court. This is fairly reflected from the provisions itself inasmuch as the Patwari is expected to record the name of the Court, name of the parties and the abstract of the decree. The enactment of Para 7.12 therefore is to record the final order passed by the Court. Para 7.12, in our view, does not indicate requirement on part of the authorities in recording every interim order, which is passed by the Court concerned. We are, therefore, not persuaded to accept the submissions advance on behalf of the appellant. Even otherwise position in law SONIA ARORA 2025.08.08 16:46 I agree to specified portions of this document 3 LPA-2320-2025 (O&M) is well settled that orders arising out of the mutation proceedings are summary in nature and would remain subservient to the final adjudication made by the competent Court. 6. Subject to the observations made above, this appeal stands dismissed. 7. All pending application(s), if any, also stand disposed of. (ASHWANI KUMAR MISHRA) JUDGE (ROHIT KAPOOR) JUDGE August 07, 2025 sonia arora Whether speaking/reasoned: Yes / No Whether reportable: Yes / No SONIA ARORA 2025.08.08 16:46 I agree to specified portions of this document