MADHO SHOBA Vs. LT GOVERNOUR HIMACHAL PRADESH

JUDGEMENT

(1.) Madho Shoba, the first petitioner, is the minor daughter of Jiwan Lal, the second petitioner. They are residents of village Saproon, Tehsil Kandaghat, District Simla, which was formerly comprised in Punjab State but has now been Included in the Union territory of Himachal Pradesh.The petitioners filed the present writ petition on the allegations which are set out below:

(2.) The second petitioner appeared 'before the Colonization Officer at Chandigarh on September 6, 1966, and filed his written objections. In the said written objections it was inter alia stated that the petitioners had not encroached on any colony land: that the notice was vague inasmuch as dimensions of encroachment or field numbers alleged to have been encroached had not been mentioned; that the petitioners were in occupation of the land purchased by them; that Amar Nath and Niranjan Singh shop-keepers had no right to discharge foul water on the land belonging to the petitioner and that no action could be taken under the said Act. It was prayed in the said objections that:

(3.) On that day i.e. September 6, 1966, Jiwan Lal second petitioner made a statement before the Colonization Officer that he will make an application to Tehsildar Kandaghat for demarcation with a copy to the Department of Colonization Officer within three days and proper orders be made thereafter. The second petitioner made an application before the Tehsildar Kandaghat accordingly on September 19, 1966, in which the facts about the purchase of the land by the first petitioner were set out and it was also inter alia stated that there was some dispute with Amar Nath and Niranjan Singh shopkeepers who wanted to build a drain and discharge foul water in the area purchased by the first petitioner. It was prayed that Shri Khushi Ram Kanungo Simla be appointed as local Commissioner to demarcate the disputed area in accordance with the original revenue records in the presence of the parties. The name of Khushi Ram, according to the petitioner, was mentioned as he was the only experienced Qanungo. It appears from the original record that on the said application the Tehsildar Kandaghat appointed Shri Khushi Ram as the Local Commissioner. The Tehsildar, however, later asked the second petitioner to name somebody else for appointment as Local Commissioner. It further appears from the letter dated October 7, 1966, on the original file, from Tehsildar Kandaghat to the Colonization Officer that the second petitioner was asked to name another Qanungo or Patwari because Khushi Ram was on leave. This fact has been disputed by the petitioners who have annexed to the affidavit of Jiwan Lal dated May, 25, 1967, a report of the Naib-Tehsildar Simla reading: