BIJA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners are the permanent residents of village Jokhari, Tehsil Nalagarh, District Solan. They have filed thus writ petition to assail the order contained in letter (Annexure P -8) dated 21.8.1991 from the Director, Consolidation of Holdings, Himachal Pradesh, Shimla -2, to the Consolidation Officer, Una, District Una, H.P. conveying the approval of the Government for cancellation of consolidation proceedings in village Jokhari, Tehsil Nalagarh, District Solan whereby it was also directed that the revenue record as well as that of the consolidation be filed in accordance with the rules and the compliance thereof be sent to the Directorate.

(2.) The brief facts as stated in the writ petition are that the consolidation proceedings had been going on in Tehsil Nalagarh, District Solan, since 1977 in mouza Jokhari to which place the petitioners belong and the same have already been finalised. The decision to carry out the consolidation proceedings in mouza Jokhari, was taken in the beginning of 1985 and the Patwaris, Kanungos and Assistant Consolidation Officers were appointed for carrying out the consolidation proceedings. The interest holders of mouza Jokhari welcomed the consolidation proceedings and there was no objection from anyone. Accordingly, the consolidation proceedings were carried out from 20.5.1985 to 21.8.1991 when abruptly, the Director of Consolidation conveyed the impugned order.

(3.) Giving the details of consolidation proceedings it is stated that vide Annexure P -l dated 20.5.1985, the right holders were informed that as per notification dated 10.5.1985, the consolidation proceedings have been started in the village and no right holder without the permission of the Consolidation Officer, Bilaspur, would either raise any new construction or sell or purchase the land within Chak Jokhari or would cut the trees. Thereafter, in the general meeting of the interest holders held on 9.9.1985 members of Mashawarti Committee were elected as per the proceedings of the meeting, Annexure P -2. On 11.12.1986, the Assistant Consolidation Officer convened a meeting of the right holders under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 (hereinafter called the Act) to inform them that they can inspect the records and make inquiries in the office of Halqua Patwari free of charges.