In cases where the transaction was based on registered deed, it was incumbent upon the Revenue Officer to ensure that Kanungo and Patwari must visit the spot and prepare Tatima shajra, if necessary, on.........

 In cases where the transaction was based on registered deed, it was incumbent upon the Revenue Officer to ensure that Kanungo and Patwari must visit the spot and prepare Tatima shajra, if necessary, on the basis of material given in the registration memorandum alone. No prohibition was shown that in case of joint Khata Tatima could not be carved out. Similarly, to deal with the eligibility of the petitioner for carving out Tatima Shajra paragraph No.7.8 of Chapter 7 of said Manual is of pivotal importance.

Moreso, Board of Revenue, Punjab vide letter No.4149-2009/1565-LR(II) dated 12.12.2009 has issued instructions to all the concerned including patwaries to follow the provisions of Land Record Manuals, reproduced supra, regarding preparation of Tatima Shajra, in case the transaction is based on registered deed, after personally verifying the possession of the party.

Last but not the least, controversial question as to whether Tatima Shajra can be carved out in a joint khata without partition, is a controversial question, which can only be determined by the Civil / Revenue Courts and the record is indicative of the fact that the complainant has already availed such remedy by way of filing appeal U/S 161 of Land Revenue Act before the Assistant Commissioner/ Collector and the matter is still subjudice at the said forum. Neither in the crime report the complainant raised any allegation that the petitioner prepared Tatima after receiving illegal gratification from the co-accused nor during the course of investigation, Investigating Agency collected any incriminating material in this regard. In such an eventuality, even if for the sake of arguments, it is presumed that the petitioner was not authorized in carving out Tatima in a joint Khata without partition, even then in the absence of any allegation of receiving bribe in doing so, at the most it can be considered as an irregularity on his behalf while performing his official duty and he can be proceeded departmentally but in no manner, act of the petitioner constituted any criminal offence, as such Anti-Corruption Authority has any role to investigate the same.

Writ Petition No.53631/Q/2024
Arshad Abbas Versus Anti-Corruption Establishment Sargodha.
Announced in open Court on 18.12.2024.