OM PARKASH Vs. STATE OF HP

JUDGEMENT

(1.) This matter has been referred by the Collector, Sub -division Bilaspur vide his order dated 9 -3 -1994 to this court for appropriate orders.

(2.) The facts of the case in brief are that Shri Magni Ram and three others residents of Village Sakan Kanaum Tehsil and Distt. Bilaspur on 23.1.1992 made a complaint to the Dsitt. Collector Bilaspur by saying that the present petitioner Sh. Om Parkash and 4 others had started encroaching the Govt. land by constructing a residential house thereon. The matter was got enquired into by the Collector which finally resulted into initiation of the eviction proceedings against the present petitioner, by the learned Assistant Collector 1st grade Bilaspur. He after going through the case, hearing the petitioner and the representative of the State, found that the present petitioner and his brother Sh. Jiva Nand had encroached upon the Govt. land and ordered eviction of the petitioners from the land un -authorisedly occupied in Kh. No. 319/314/1 measuring 0 -1 Biswas situated in mauza Kanaun, Tehsil Sadar vide order dated 24 -3 -1992.

(3.) Against this order of the Assistant Collector 1st Grade Sadar dated 24 -3 -1992, the present petitioner Sh. Om Prakash filed an appeal before he Collector, Sub -Division Bilaspur on the grounds that the learned Assistant Collector 1st Grade below had not followed the proper procedure since the question of title was involved in the case and the learned Assistant collector had no jurisdiction to order the ejectment of the petitioner from the land and the matter should have been decided by the Sub -Judge and not by the Assistant Collector 1st Grade. It was further contended that the impugned order was passed by the Assistant collector 1st Grade behind the back of the petitioner.