JAMIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision petition has come up for hearing on the recommendations of the learned Divisional Commissioner. Kangra dated 20.2.1995 whereby the learned Commissioner has recommended that the orders passed by the lower courts be set aside and the case be remanded to the Assistant Collector 1st Grade. Jawali for fresh enquiry and decision in the matter.

(2.) The facts of the case are that the Assistant Collector 1st Grade Jawali initiated eviction proceedings under Sections 163 of the H.P. Land revenue Act against the petitioners on the report of Patwari Halqua who vide report dated 16.3.1991 reported that the petitioners had encroached upon the Government land comprising khasra No. 1933 measuring 0 -11 -76 Kanal situated in Mohal Bhagwal. Tehsil Jawali. The proceedings culminated into eviction orders against the petitioners passed by the Assistant Collector vide order dated 23.3.1992.

(3.) Late Shri Jamit Singh and others challenged this order in appeal before the Collector Sub -Division Nurpur on the grounds that the Assistant Collector 1st Grade had no jurisdiction to try the case under section 163 of H.P. Land Revenue Act as according to petitioners, the land was given to them in exchange by the Gram Panchayat in lieu of die land given by them for construction of a School in public interest.