27.08.2025 RATI RAM RATI RAM v. STATE OF HARYANA AND OTHERS STATE OF HARYANA
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH 2025 (O&M) CWP-25066-2025 (O&M) .08.2025 Date of decision :27.08.2025 RATI RAM RATI RAM …Petitioner Versus STATE OF HARYANA AND OTHERS STATE OF HARYANA …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. J.P. Sharma, Advocate for the petitioner. HARSH BUNGER, J. [ORAL] HARSH BUNGER, J. [ORAL] Prayer in the present writ petition, filed under Articles Prayer in the present writ petition, filed under Articles Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature 226/227 of the Constitution of India, is for issuance of a writ in the nature 226/227 of the Constitution of India, is for issuance of a writ in the nature 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari certiorari, for setting aside the Fard Badar No.6 dated 19.06.2024 Fard Badar No.6 dated 19.06.2024 1) issued by the learned Assistant Collector IInd Grade, (Annexure P-1) issued by the learned Assistant Collector IInd Grade, 1) issued by the learned Assistant Collector IInd Grade, (Annexure P Kanina, District Mahindergarh. Kanina, District Mahindergarh. A further prayer has been made to set aside the order dated A further prayer has been made to set aside the order dated A further prayer has been made to set aside the order dated he learned Collector, Sub Division 13.11.2024 (Annexure P-2) passed by the learned Collector, Sub Division he learned Collector, Sub Division 13.11.2024 (Annexure P 3) Kanina, District Mahindergarh and order dated 19.05.2025 (Annexure P-3) Kanina, District Mahindergarh and order dated 19.05.2025 (Annexure P Kanina, District Mahindergarh and order dated 19.05.2025 (Annexure P passed by the learned Commissioner Gurugram Division, Gurugram. passed by the learned Commissioner Gurugram Division, Gurugram. passed by the learned Commissioner Gurugram Division, Gurugram. 2.1 Briefly, respondents No.5 to 9 submitted an application before Briefly, respondents No.5 to 9 submitted an application before Briefly, respondents No.5 to 9 submitted an application before rities seeking correction of the revenue record in respect the Revenue authorities seeking correction of the revenue record in respect rities seeking correction of the revenue record in respect the Revenue autho of Killa No.12//22, measuring 7 kanal Killa No.12//22, measuring 7 kanal-12 marlas of Village Bharaf, Tehsil 12 marlas of Village Bharaf, Tehsil Kanina, District Mahindergarh; whereupon the concerned patwari reported Kanina, District Mahindergarh; whereupon the concerned patwari reported Kanina, District Mahindergarh; whereupon the concerned patwari reported Kanina, District Mahindergarh; whereupon the concerned patwari reported 7 Page 1 of 7
Legal Reasoning
GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh that as per the khasra girdawari of crop Rabi-1972, Killa No.12//22 is recorded under cultivation of Mange Ram, Tula Ram and Bhup Singh sons of Ramdhan in equal shares as gair marusi under Sh. Umrav (co-sharer). It was further reported that by way of a sale deed dated 03.10.1974, the entire share of Sh. Umrav, including killa No.12//22, total area measuring 48 kanal-15 marlas was purchased by the afore-said three brothers namely, Mange Ram, Tula Ram and Bhup Singh sons of Ramdhan and even a mutation No.720 stood incorporated in the jamabandi for the year 1975-76. However, in cultivation column of the jamabandi for the year 1980-81, as against killa No.12//22, the name of only Tula Ram was mentioned instead of the afore-said three brothers. Accordingly, approval was sought for reflecting the names of Tula Ram, Bhup Singh (2/3 share) and
Legal Reasoning
Smt. Raveti Devi (widow), Naresh Kumar (son) and Saroj Bala (daughter) legal representatives of Mange Ram to the extent of 1/3 share. 2.2 The learned Assistant Collector, vide order dated 19.06.2024 (Annexure P-1) accorded approval to the afore-said Fard Badar No.6 for reflecting the names of Tula Ram, Bhup Singh (2/3 share) and Smt. Raveti Devi (widow), Naresh Kumar (son) and Saroj Bala (daughter) legal representatives of Mange Ram to the extent of 1/3 share, as against Killa No.12//22. 2.3 The present petitioner challenged the afore-said order dated 19.06.2024 by filing an appeal before the learned Collector, Sub Division Kanina, District Mahindergarh; however, the same was dismissed vide order dated 13.11.2024 (Annexure P-2). A further revision filed by the petitioner before the learned Commissioner, Gurugram was also dismissed vide order dated 19.05.2025 (Annexure P-3). GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 2 of 7 2.4 In the afore-mentioned circumstances, the present writ petition has been filed by the petitioner before this Court, for the relief, as noticed here-in-above. 3. 4. Heard. Here it would be apposite to refer to para 7.29 of the Haryana Land Record Manual, 2013, which reads as under :- “7.29. Order for the correction of clerical mistakes in records to be obtained on the fard badar – Jamabandi entries not enumerated in the preceding paragraph should not be varied in subsequent records without first obtaining orders for their variation on mutations entered for this purpose except where the variation merely consists in the removal of a clerical mistake, that is to say, of a mistake which has been made in copying the entries of one jamabandi into another or in incorporating a mutation in a jamabandi and the correction of which does not involve the alteration of any mutation order. Subject to the exception noted below, orders for the correction of such mistakes in subsequent records should be obtained on the fard badar, the form of which is given below :- 1 2 3 4 5 6 Serial No. Number of in holding new Jamabandi Number of in holding last Jamabandi Patwari’s report Field Kanungos Report Orders of the attesting officer Whenever a clerical mistake is detected in the current jamabandi after it has been finally attested and filed, whether that mistake was originally made in that or any previous jamabandi, the patwari should make the necessary entries about it in the first four columns of the fard badar. His report in the fourth column should be as brief as possible. For instance, if any field has been omitted by mistake from any holding the report should merely state that such and such field has been omitted, and if any proprietor’s share has been, entered as one-half instead of one-third, the report should Page 3 of 7 GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh merely state that the share should be one-third and not one- half. The kanungo/girdawar should, from time to time, examine the fard badar entries and enter his own report in column 5 of the fard badar. His report should also be as brief as possible and where he finds that he has nothing to add to the patwar’s report, he should merely put his signature in this column. In passing orders upon any fard badar entry the revenue officer should see whether it actually relates to a clerical mistake which, under the present instructions, should be dealt with in the fard badar, and if he finds that it relates to such a mistake, he should record an order for the correction of the mistake in question in column 6. Otherwise he should order that the fard badar entry in question should be considered as cancelled. It will not be necessary to hear the parties concerned in connection with the disposal of fard badar entries. The only clerical mistakes in jamabandi entries, orders for the correction of which in a subsequent record should not be obtained on the fard badar, are those which cannot be conveniently described in the fard badar. The difficulty of describing a clerical mistake in the fard badar may, for instance arise where the mistake relates to the share of an owner whose name enters into several different combinations in the jamabandi entry relating to the same holding. A few blank sheets of the jamabandi size will be stitched the patwaris copy of each jamabandi. When the next jamabandi is prepared a copy of the fard badar attested by the girdawar will be attached to the Govt. copy of that jamabandi. The Collector and Assistant Collector Ist Grade should examine fard badars from time to time in order to see that the procedure prescribed in connection therewith is properly understood and followed by the subordinate revenue staff. However, the affected parties shall be informed by the partwari in writing and a note recorded in the Roznamcha Wakyati accordingly.” GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 4 of 7 4.1 A perusal of the afore-said para 7.29 of the Haryana Land Record Manual, 2013 would show that the clerical mistakes in the records can be corrected by way of Fard Badar in the manner prescribed therein. 5. In the present case, respondents No.5 to 9 had sought correction in the revenue records as regards the entry in the cultivation column existing against Killa No.12//22; which has been permitted by the learned Assistant Collector by way of Fard Badar No.6 dated 19.06.2024 (Annexure P-1). The said order has been further affirmed by the learned Collector and also by the learned Commissioner, Gurugram Division, Gurugram, vide impugned order dated 19.05.2025 (Annexure P-3) by observing as under :- “5. It is pertinent to mention that the Collector, in his order dated 13.11.2024, categorically observed that the petitioner’s contention regarding lack of opportunity of hearing is misplaced. The Collector noted that the Fard Badar was prepared to correct a clerical mistake in the Jamabandi, which did not involve altering any mutation order or substantive rights. As per the manual, such clerical corrections do not mandate issuing notices to the affected parties, especially when the correction merely aligns the current record with previous, undisputed entries. 6. Furthermore, it is a settled principle of law, specifically enshrined in the Haryana Land Records Manual and supported by judicial precedents, that in the case of Fard Badar, the orders of the Collector are final, and no further appeal or revision is maintainable. The finality attached to the Collector’s order in Fard Badar matters is to ensure that revenue records are maintained with certainty and are not subjected to endless litigation. This principle is rooted in administrative expediency and the need to preserve the sanctity of official records. GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 5 of 7 7. Upon careful examination of the records and hearing the arguments of both parties, I find that the primary contention of the petitioner revolves around the interpretation of the nature of the entry in the revenue records and the procedural lapses allegedly committed by the Assistant Collector. However, it is well-settled that Fard Badar can be employed to correct clerical errors that have crept into the Jamabandi during its transposition from previous records. In this case, the Collector has meticulously addressed the petitioner’s objections and rightly concluded that the disputed entry did not constitute a change of tenancy rights but a correction to remove a clerical inconsistency. 8. It is also noteworthy that the petitioner has not provided any substantial evidence to demonstrate that the entry under challenge was erroneous from the beginning or that it was subsequently altered without legal sanction. The mere assertion that the entry was incorrect does not suffice to invalidate a long-standing record that has consistently been maintained and verified by revenue authorities over the years. 9. Moreover, the argument that the Assistant Collector failed to conduct a spot inspection is also unsubstantiated, as the nature of correction being merely clerical did not necessitate a physical verification of the land. The Haryana Land Records Manual, as cited above, clearly provides that corrections of clerical mistakes, particularly those that do not involve a mutation order, can be made without formal hearings. 10. In light of the above discussion, it is evident that the petitioner has failed to demonstrate any legal infirmity or procedural violation that could render the impugned orders unsustainable. The Fard Badar No.06, dated 19.06.2024, prepared by the Assistant Collector, and its affirmation by the Collector vide order dated 13.11.2024, are found to be in accordance with law and the established procedure under the Haryana Land Records Manual. Given the finality attached to the Collector’s order in Fard Badar matters, this revision Page 6 of 7 GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh petition itself is not maintainable. Therefore, the revision petition is dismissed as being devoid of merit and not maintainable.” 6. Learned counsel for the petitioner has neither been able to dislodge the above extracted findings returned by the learned Commissioner nor it has been shown by referring to any material/document whatsoever as to what prejudice has been caused to the petitioner by the afore-said correction of the entry in the cultivation column as against Killa No.12//22 from the name of “Tula Ram” to “Tula Ram, Bhup Singh (2/3 share) and Smt. Raveti Devi (widow), Naresh Kumar (son) and Saroj Bala (daughter) legal representatives of Mange Ram to the extent of 1/3 share”, especially when it is not shown that the above referred persons had not purchased the afore-said Killa No.12//22 along with other land, total area measuring 48 kanal-15 marlas from Sh. Umrav; as was reported by the concerned patwari. 7.
Decision
In view of the above, I find no merit in the instant writ petition and the same is, accordingly, dismissed. 8. All pending applications (if any) shall also stand closed. August 27, 2025 gurpreet (HARSH BUNGER) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No GURPREET KAUR 2025.08.29 14:26 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 7 of 7