JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER had approached this Court for the redressal of his grievance by way of CWP No. 2201 of 2007. The Court had directed the Deputy Commissioner to consider the claim of the petitioner on 16.10.2008. The Deputy Commissioner, vide order dated 2.12.2008, set aside the order passed by the Tehsildar, Nahan and ordered the restoration of registered sale deed No. 582 dated 29.5.1992. In view of the orders passed by the Deputy Commissioner on 2.12.2008, the writ petition was disposed of having become infructuous on 3.12.2008.

(2.) THE petitioner on the basis of the order passed by the Deputy Commissioner on 2.12.2008 approached respondent No.3 for doing the needful. It is apparent from the pleading that respondent No.3 has not carried out the order passed by respondent No.2. THE order passed by the Deputy Commissioner, i.e. Annexure P-4 is speaking and reasoned. THE Deputy Commissioner before passing the order had asked for the report from the Tehsildar, Poanta Sahib vide letter No. 2229/Regn/T.pa/08 dated 19.11.2008. He came to a definite conclusion that the petitioner had been holding the land in village Badrinagar, Tehsil Paonta Sahib prior to the enforcement of H.P. Tenancy and Land Reforms Act, 1972. THE Deputy Commissioner had also come to a conclusion that since the petitioner holds land as landowner in Mauza Badrinagar, Tehsil Poanta Sahib, his status of agriculturist cannot be denied. THE Deputy Commissioner has restored sale deed No. 582 dated 29.5.1992. Once the higher authority has come to a conclusion whereby the status of agriculturist of the petitioner has been recognized on the basis of the material placed on record, it was not open to respondent No.3 to defy the order passed by the Deputy Commissioner. Petitioner, in fact, has also made representation Annexure P-5 to respondent No.3. Respondent No.3 was bound to carry out necessary mutation of the land purchased by the petitioner on the basis of the order dated 2.12.2008 passed by the Deputy Commissioner. Moreover, the orders passed by the quasi-judicial authorities are required to be obeyed in the hierarchy. Subordinate officers are bound to obey the orders passed by the higher authorities. In case the orders passed by the higher authorities are not complied with by the subordinate officers, it will amount to negation of rule of law.