SEWAK RAM Vs. STATE OF H P

JUDGEMENT

(1.) THIS petition was initially filed by Smt.Thakur Mani in which she claimed that in the year 1975, she had applied for the grant of Nautor land but no action on her application was taken. By means of this very petition, she also claimed that a part of the land which she had prayed be allotted to her was not granted to her but was granted to the respondent No.5 who was an employee of the Revenue Department and was working as a Patwari at the relevant time. She submitted that the respondent No.5 had manipulated the entries in his favour and according to her, since the respondent No.5 was an employee and his income was more than ` 2000/- per annum, he was ineligible for grant of Nautor land under Rule 7(a) of the H.P Nautor Land Rules, 1968 (hereinafter referred to as the 'Rules').

(2.) UNFORTUNATELY, Smt.Thakur Mani died during the pendency of the petition. Now her legal heirs have been brought on record. Therefore, as of now, it is the eligibility of the legal heirs which has to be seen for grant of Nautor land and the question whether Smt.Thakur Mani was entitled or not entitled to grant of Nautor has become irrelevant because of her death.

(3.) THE second relief claimed by Smt.Thakur Mani was that the respondent No.5 had wrongly been granted Nautor and some of the land which has been granted to him is the same which she had applied for. Since Smt.Thakur Mani is no longer alive, this exercise is also become meaningless. Be that as it may, the fact remains that the records of both Smt.Thakur Mani and the respondent No.5 with regard to the grant of Nautor are missing. THE respondents are directed to ensure that action is taken against the concerned officials who were Incharge of the files and action so taken shall be conveyed to this Court.