DHIAN SINGH Vs. COLLECTOR

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India whereby an order of the Collector. Mahasu has been challenged, which is to the effect that the disputed land comprised in Khasra No. 397-min, measuring 7 biswas, situate in mauza Tharola. Pargana Chohar. Sub-Tehsil Kotkhai should be sold by auction. The brief facts leading to the petition may now be stated.

(2.) It is contended that one GOPU was in cultivatory possession of the disputed land and the petitioners Dhian Singh and Amar Sinah are his brothers entitled to succeed him. Upon the death of Gopu certain persons of the village who were interested in his land, made complaints to the Collector that the petitioners were trying to usurp possession over the land and the said Collector, who is Revenue Officer presumably under Section 163 of the Himachal Pradesh Land Revenue Act, 1953 (hereinafter to be referred as the Act), considered that the land has been encroached upon by the petitioners and as such they should be elected there from and the land be sold by public auction. According to the petitioners, this order of the Collector is without jurisdiction. The petitioners being real brothers of the deceased Gopu, were entitled to succeed and remain in possession over the land. It was therefore prayed that the High Court which has superintendence over all subordinate Courts and Tribunals, should under Article 227 interfere and quash the order of the Collector which is impugned by this petition.

(3.) In his counter-affidavit, the Collector contended that the petitioners had unlawfully occupied the disputed land and even started constructing a house over it. The question regarding succession was disputed. The petitioners did not obtain a relief from proper Court as to their title in the land. Therefore, the Collector proceeded under Section 163 of the Act. The petitioners having encroached upon the land could be elected and since Gopu had died without leaving any heir, the land could be put to auction by the Government.