MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners are aggrieved by rejection of their prayer for effecting correction in the revenue entries by the Settlement Officer, Kangra at Dharamshala, vide his order dated 21.5.1998, Annexure P -3, as upheld in appeal by the Divisional Commissioner, Kangra Division at Dharamshala, vide order dated 6.2.2007, Annexure P -4 and the Financial Commissioner (Appeals), Himachal Pradesh, Shimla, in revision vide order dated 25.5.2010, Annexure P -5.

(2.) PRECISELY , the contention of the predecessor -in -interest of the petitioners late Shri Amar Singh was that he was owner of land bearing khasra Nos. 630, 638 and 639, situate in village Nari, Tehsil Amb, Distt. Una, which adjoins khasra No. 640. According to him, a part of the land belonging to him has been merged in khasra No. 640 during settlement operations owing to wrong measurement. In such circumstances, he prayed for correction of ˜karukarans as per actual position at the spot.

(3.) HOWEVER , he found minor difference in the old and new ˜mussavis, which could not be corrected. It was further reported that the classification of khasra No. 1522 new, which has been carved out of the aforesaid old khasra No. 640, has been wrongly recorded during current settlement as ˜gair mumkin rasta, whereas, on the spot, there is no path in existence and instead it is a built up area and a house is in existence on the spot. It was lastly concluded that a substantial portion of khasra No. 1522 has been carved out of old khasra No. 640 and only a negligible portion of khasra Nos. 638 and 639 belonging to late Shri Amar Singh has been included therein and has since been constructed upon. It is not feasible to show the same in new ˜mussavi, as it would be against the settlement instructions.