PARMA NAND Vs. STATE OF HP

JUDGEMENT

(1.) This revision petition preferred by Sh. Parma Nand petitioner, is directed against the order dated 3.9.1996 passed by the Commissioner Shimla Division in Revenue appeal No. 207/95 whereby the appeal of the present petitioner was dismissed.

(2.) The facts of the case briefly stated are that the present petitioner Sh. Parma Nand made an application -to the Settlement Officer and Tehsildar (Settlement) Shimla stating therein that he had been in physical possession of land comprising khasra No. 13, measuring 5 -4 Bighas situated at mauza Kasumpti -Koti since 1960 uninterruptedly but his possession was recorded only to the extent of 0 -10 Bighas during the current settlement. He requested that his possession over the entire area of khasra No. 13, measuring 5 -4 bighas after spot inspection be recorded.

(3.) The Settlement Collector conducted the enquiry into the matter through the field Settlement staff and it was found that during settlement operations Khasra Nos. 16,18,19,24,25,26,27,30 and 31 were covered out from the old khasra No. 13 of which khasra Nos. 18, 19 and 25 area measuring 335 -47 sq. decimeters were recorded in the possession of Sh. Parma Nand. The Settlement Collector also observed that the petitioner had managed to record his possession in the revenue records fraudulently and therefore, deserved to be evicted from the land. Accordingly the earned Collector rejected the application of the petitioner vide order dated 29.6.1995 with further direction to Assistant Collector, I Grade, Shimla Urban to initiate the eviction proceedings against Shri Parma Nand from khasra Nos. 18,19,25,27 and 30 in accordance with law.