CHANDER MOHAN SIRKECK Vs. R.K.ANAND

JUDGEMENT

(1.) After hearing learned Counsel for the parties and going through the record this Court finds a prima facie case of willful disobedience in not complying with the direction issued by this Court in its order dated 10.5.1996. The direction is, "to correct the revenue record of the land in dispute of the petitioner in accordance with the demarcation report dated 19th/20th February, 1996(correct date is 23.2.1996 -Annexure P -4tothe petition) of Tehsildar, Kumarsen within a period of 3 months. The competent authority will make corrections after giving advance notice to the parties." Instead of complying with the direction respondent No. 4 held further proceedings and passed order dated 8.11.1996 whereby the demarcation report of the Tehsildar is materially changed, inter alia, that khasra No. 374/223/3 new khasra No. 497/2 is shown in the possession of HP. Public works Department, whereas, it was shown in the possession of the petitioner and his co -sharer in the report of the Tehsildar. Therefore, before respondents are heard in the matter they must purge themselves and correct the revenue record as per the report of the Tehsildar strictly in its letter and spirit within a period of two months. Learned Counsel for respondents 4 and 5 states that these Officers are not presently posted as Collector (Settlement) and Naib Tehsildar (Settlement) and they may not have access to the records to comply with this order. In view of this changed position respondents 4 and 5 may take the assistance of the present incumbents who will make available the records and render all possible help. -