DEVI DAYAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Petitioner -Devi Dayal (now deceased), by means of this petition challenged the order dated 10.10.1995 passed by the Additional District Magistrate -cum - Sub Divisional Officer (Civil) Pooh, District Kinnaur granting nautor land to the private Respondent -Shri Shamsher Jang (since deceased and now represented by his legal representatives). He also challenged the order of the Divisional Commissioner, Shimla and Financial Commissioner (Appeal), HP whereby the petitions filed by the Petitioner for setting aside the grant of nautor land in favour of private Respondent were set aside.

(2.) IT would be pertinent to mention that the present Petitioner had filed an application on 8th May, 1992 before the Settlement Collector for correction of the revenue entries regarding Khasra Nos. 626/1 and 627/1 respectively. The Settlement Collector allowed the application of the Petitioner - Devi Dayal and ordered that the possession of the Petitioner be recorded over the said land. Mutation in this regard was also effected on 30.6.1993. Private Respondent -Shamsher Jang challenged this order before the Commissioner who dismissed the same vide order dated 30.3.1995. Thereafter the private Respondent filed revision petition before the Financial Commissioner (Appeal) which was allowed on 20.10.1997 and the matter was again remanded to the Settlement Collector for fresh inquiry.

(3.) ACCORDING to the Petitioner, he had No. occasion to know about the grant of nautor, since No. notice was ever issued to the estate right -holders. According to him, he came to know about the grant of nautor in favour of Shamsher Jang much later and then he filed the appeal immediately. It is alleged that the private Respondent obtained the grant of nautor by fraud and, therefore, No. limitation would apply.