SURINDER SINGH Vs. SHAM LAL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 14.10.2003 passed by the learned Financial Commissioner (Appeals), H.P in Revenue Revision No. 185 of 1995.

(2.) BRIEFLY stated the facts of the case are that Sh.Sham Lal, Respondent No. 1 herein filed an application on 30.11.1986 before the learned Assistant Collector, 2nd Grade, Solan seeking correction of revenue entries in respect of land comprised in Khasra No. 212/1 measuring 471 square meters. His case was that Khasra No. 212/1 was a part of old Khasra No. 858/35 owned and possessed by him alongwith his brothers. He further alleged that he and his brothers were always shown to be owners in possession of the aforesaid land but after the year 1982 -83, Champa Rani, the present Petitioner managed to get herself shown to be in possession in connivance with the settlement staff.

(3.) THEREAFTER , the petition was heard on merits and allowed vide order dated 23.7.1992 by the Assistant Collector, 2nd Grade, Solan. An appeal filed before the learned Sub Divisional Collector, Solan by Smt. Champa Rani was dismissed on 14.5.1993. Thereafter, Smt. Champa Rani filed a Revision Petition before the learned Divisional Commissioner who came to the conclusion that the long -standing entries in the Jamabandi should not have been corrected by the revenue officer and, therefore, recommended that the Revision Petition filed by Smt. Champa Rani be accepted. The Financial Commissioner (Appeals) vide impugned order dated 14.10.2003 came to the conclusion that the name of the Respondent was deleted from the revenue record without following any legal procedure and rejected the recommendation made by the learned Commissioner. Shimla Division. Champa Rani died in the meantime and her son Sh. Surinder Singh filed the present petition.