JOGINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 31.5.2010 passed by the learned Additional District Judge, Sirmaur District at Nahan in Civil Miscellaneous Appeal No. 21 -N/14 of 2009.

(2.) MATERIAL facts necessary for the adjudication of this revision petition are that Assistant Collector, 1st Grade, Nahan initiated proceedings under Section 163 of the Himachal Pradesh Land Revenue Act (hereinafter referred to as "the Act" for brevity sake) against the Petitioner on the report of Patwari Halqua that he has raised construction on the suit land comprised in khasra No. 349/1 measuring 0 -1 bigha situated in Mauza Banethi, Tehsil Nahan, District Sirmaur. Petitioner filed a reply before the Assistant Collector 1st Grade. He took a preliminary objection that he has no jurisdiction since question of title was involved and he was required to convert himself into a Civil Court for determination of the question. According to him, his possession was for more than 30 years and he had become owner by way of adverse possession. Ejectment orders were passed by the Assistant Collector 1st Grade on 16.11.2005. Petitioner preferred an appeal before the Sub Divisional Collector, Nahan. He dismissed the same on 28.8.2006. Thereafter, revision was preferred before the Divisional Commissioner. He dismissed the same on 19.6.2008. He challenged these orders by way of Civil Suit No. 154/1 of 2008. According to him, the procedure prescribed under Section 163 of the Act has not been followed and he has become owner by way of adverse possession and the Respondent was threatening to interfere with his possession.

(3.) MR . Pawan Sharma, Advocate appearing vice counsel on behalf of the Petitioner has strenuously argued that in this case both the courts below have erred in law by coming to conclusion that the Civil Court had no jurisdiction once the proceedings had been initiated under Section 163 of the Act.