STATE OF HIMACHAL PRADESH Vs. LAL CHAND

JUDGEMENT

(1.) This case has come up for consideration on a reference made by the Financial Commissioner -Cum -Secretary (Revenue) to the Government of H.P. vide letter No.Rev -2F(5) -5/76 - part 4 dated 14.9.1992

(2.) The facts of the case in brief are that during settlement operations of Mohal Tarna of Distt. Mandi. the Settlement Patwari Halqua made a report that Shri Har Sukh the father of the present petitioner had encroached upon the Government land measuring 46.77 sq. mtr. comprised in khasra Nos.1542. 1043 and 1554 Kita 3 situated to Mohal Tarna. Tehsil Mandi. On receipt of the report of Settlement Patwari. the Assistant Collector initiated proceedings and forwarded the case to the Settlement Collector Dharamshal for taking further action under Section 163 of H.P. Land Revenue Act. The Settlement, collector after perusal of the report of Naib -Tehsildar summoned Shri Har Sukh. but he did not appear before him and finally Settlement Collector passed ejectment order against him. Feeling aggrieved of this order of the settlement officer Dharamshala dated 18.8.1981. S/Shri Lal Chand and Bhup Chand sons of Shri Harsukh (Since deceased in 1983) filed an appeal before the Divisional Commissioner. Kangra at Dharamshala on the grounds that the impugned order was against law and facts on record and principles of natural justice for the reasons that the order had been passed behind their back and no opportunity of being heard was ever afforded and that the land in dispute was in their possession as owners since the time immemorial.

(3.) The learned Divisional Commissioner after hearing the present petitioners and going through the record concluded that the land in dispute was being claimed by the petitioners as part of land which was purchased by their father in the year 1950. The learned Commissioner accordingly accepted the appeal vide order dated 3.12.1986 and remanded the case to the District collector. Mand for decision afresh after verifying the veracity, of. affidavit as well as to examine the sale deed vide which they had alleged they and purchase the land in dispute.